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Arrests, Searches, Warrants & Procedure : Includes Right to Counsel, Fifth Amendment Rights, Right to Trial by Jury, etc.
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Old 07-25-2007, 08:52 PM
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Is this legal?


Fl. My son who is 17, will be 18 next week was out with some friends. Two boys who were not with the group my son was with ended up fighting and someone called the police. My son and his friends were walking to the car and the police stopped them to questioned them. Two officer took 3 boys aside and 1 took my son aside. He asked my son what was going on and my son told him he didn't know. The officer told him not to F****ing lie to him. My son again told the officer that he did not know who the boys were that were fighting (he knew of them, but didn't know them). The officer grabbed my son turned him around, placed him in handcuffs and slammed him on the hood of his car causing my sons head to bounce off the hood. He then said to my son, do you see that ground down there, I can put you there real quick if you lie to me again. He then asked my son where his parents were. My son moved in with his cousin about a month ago after graduating. He told the officer he didn't know because he did not live with us. The officer said "I told you not to f****cking lie to me", my son turned his head to tell him he wasn't lying and the officer again grabbed him by the back of the neck and forced him down on the hood of his car again and said " Don't f****ing look at me, I'll take you down if you keep resisting". It was at that time the parents of one of the other boys showed up and told the officer he did not live at home and that he was not lying to him. Now that there were other adults there and the one boy that was in the fight came up and said he was the one, the officer took off the handcuffs and told him to go over with the other boys. They did not arrest the boy who was in the fight, just took his information in case the other boy were to press charges. None of the other 4 boys were treated like this.
Can they use physical force in this manner because they "Think" that someone is lying to them?What is the name of your state?
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Old 07-25-2007, 09:00 PM
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What you describe is likely an improper use of force. Your son's legal guardian (I presume, you) can make a personnel complaint against the officer if you choose to. If he was injured in any way, you might even be able to find an attorney who will make a claim against the agency.

In any event, if there is an officer who is getting out of hand like that, then the agency will likely want to know.

However, keep in mind that you have only your son's version of events - and maybe that of his friends. It is VERY likely that the officer(s) will have a differing account of what happened.

- Carl
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