What are my rights if I was walking down the street, the police drove by, I flipped them off, they got out and pushed me against the car and started searching me?

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What are my rights if I was walking down the street, the police drove by, I flipped them off, they got out and pushed me against the car and started searching me?

They didn’t say why they were searching me, simply that I was walking in the middle of the street, which is exaggerated because there was no sidewalk to walk on so I was simply walking next to the curb. The officer said, “I’ve seen you before”. I had a taser on me, which is legal in my state, but they still used this as an excuse. They put me in the car without reading my Miranda rights and left me in a cell for about 7 hours. They tried to keep me for 2 days but the next shift of officers released me saying there was no need for bail. They simply gave me a notice to appear at court in 12 days. Is this a case of wrongful arrest and, if so, how do I go about proving it?

Asked on October 12, 2012 under Criminal Law, California

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

Although your "hand gesture" conceivably may have been Constitutionally permissive under the right to freedom of speech, such conduct with respect to law enforcement done for no apparent reason us poor judgment on your part.

If you believe that your Consitutional Rights were infringed upon by virtue of your arrest where you now have an upcoming court appearance, I suggest that you consult with a criminal defense attorney to strategize as to what your legal options are. The key is to get the criminal charge dismissed and once dismissed then tackle in the civil arena the alleged wrongful arrest.


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