motion to suppress hearing

[2004CF305]

What is the name of your state? ILLINOIS

well my case is 2 yrs old now and im finally getting to the motion to suppress hearing (had a partial hearing but judge disqualified himself due to the hearing being so old and now have to re-do),

anywayz short and simple****************************can u sue for an illegal arrest or illegal search

transcripts read

Q. So you placed Mr. _______ in handcuffs?
A. YES

Q. You placed Mr. ________ in a squadcar?
A. YES

Q. Then you had him transported to whiteside county jail?
A. YES

Q. And he was arrested but not charged with anything???
A. YES , well he wasnt SPECIFICALLY told or advised of any charges at that time.


IVE BEEN FIGHTING MY CASE AND TELLING MY "PUBLIC PRE-TENDER" WHAT TO DO FROM DAY 1 SINCE LOOKING INTO THE "ILCS"What is the name of your state?

IM ALSO CURIOUS IF ANYONE WOULD LIKE ME TO FOLLOW UP ON MY CASE, BECAUSE ITZ QUITE COMPLICATED DUE TO SEARCHEZ,ARRESTZ, ROOMMATEZ w/ A PAROLEE and what not

interested in watching just log on to
http://www.judici.com/courts/cases/case_history.jsp?court=IL098015J&ocl=IL098015J,2004CF305,IL098015JL2004CF305D1

 

[CdwJava]

In the transcribed section you just related ... uh ... what do you believe is the problem? And even if you were not immediately advised of the specific charges against you, how is that a false arrest? If he had probable cause to arrest you, the arrest was lawful.

- Carl

 

[2004CF305]

im asking,

if the judge rulesz there waz no probable cause or warrant for the ARREST/SEARCH in the motion to suppress hearing can i sue?

 

[CdwJava]

im asking,

if the judge says there waz no probable cause or warrant for the ARREST/SEARCH can i sue?

You can sue even if he says there WAS probable cause ... though you'd likely lose.

However, any lawsuit would be bolstered by a judge saying there was no probable cause. Whether you might win a suit for false arrest, though, may depend on other factors as well.

But, it's your time and money.

Oh, and a search and an arrest are two different issues - they might be related ... they might not. It depends on the details.

- Carl