My Uncle feel's That He Was A victim Of Police Brutality

[Pinke]

Missouri
Here Is the Situation. My uncle Ran Out of Gas at like 1:30 Am early Wednesday morning. He was Pushing his car so to the side of the road so that It wouldn't be in the street or get hit etc. He drives a BMW roadster so its a small car. Now here is when the problem start's. A police officer drives past him and makes a U-turn and pull's along side my uncle and say's Do U know u are in the street. My uncles response to him is I am pushing my car out of the street. Now If you want to help me You could take me to get some gas if not U can Leave because I have help coming. The office then pulls over and parks. He asks my uncle for his licenses and regerstration(why does he ask for that when he actually didn't pull him over).My uncle complies and gives it to him. He doesn't have a clean record BUT He has been staying out of trouble and getting his act together.anyhow.....so by now other words were exchanged between the 2. my uncle starts walking off and the officer say's to him where do u think you are going. My uncle say's nothing so the officer grabs him, cuffs him and then walks him back to his car to slam him face down on the hood of his car. My uncle is screaming like what did I do why are u cuffing me. By now he has called for "backup".The officer asks to search the car and with my uncle being on probation Legally he can...But the car isn't in his name so he tells the officer this isn't my car the owner is on her way. He grabs him and slams him to the ground scrapping his face on the concrete and causing him to chip is front tooth. My uncle is screaming for help at this time his girlfriend has pulled up and she just watches for a moment before she gets out of her car.she sees there is a female officer and asks to speak with her and she explains everything that is happening and telling the officer she doesn't feel this was right/fair.they ask her if they can search the car and she tells them no. the all huddle up and they then cuff her and search both vehicles not finding anything. So that is the story summed up. Well, they were both arrested for resisting arresst.BUT they were never told what they were being arrested for. so now my uncle is bruised all over his body face, legs, chest, and the chipped tooth. Oh I forgot to mention that he is black and his girlfriend is white.
So what should he do? Does this sound like police brutality?What is the name of your state?

 

[CdwJava]

The office then pulls over and parks. He asks my uncle for his licenses and regerstration(why does he ask for that when he actually didn't pull him over).

Because he can ASK for anything he wants to.

Plus, if the vehicle was in the road, then that could be a violation of state or local law and that would give the officer lawful cause for a detention.

so by now other words were exchanged between the 2. my uncle starts walking off and the officer say's to him where do u think you are going. My uncle say's nothing so the officer grabs him, cuffs him and then walks him back to his car to slam him face down on the hood of his car.

When an officer tells you not to go, you are not free to go. By walking away, your uncle likely committed a crime under MO law ... at least it would likely have been a crime in most every other state.

The officer asks to search the car and with my uncle being on probation Legally he can...But the car isn't in his name so he tells the officer this isn't my car the owner is on her way.

Oh well .. the driver is on probation, so the car is subject to the search conditions of the driver and sole occupant.

He grabs him and slams him to the ground scrapping his face on the concrete and causing him to chip is front tooth.

Then the uncle might consider speaking to an attorney about damages ... provided the officer cannot justify the force used.

Well, they were both arrested for resisting arresst.BUT they were never told what they were being arrested for.

I would venture to guess that they were either issued citations or paperwork from the jail indicating what they were arrested for. In any event, a procedural violation does not generally release someone of criminal responsibility.

So what should he do? Does this sound like police brutality?

It might be. They should speak to an attorney who can evaluate the totality of the facts and the reports.

- Carl

 

[lwpat]

Your Uncle knows how to act when a police officer gives him an order. 1:30 in the morning is not the time to get an attitude.

 

[justalayman]

If any story here ever screamed "there is more to the story" this is it.

While the situation with your uncle does sound a bit extreme, most of it is explainable and could happen, depending upon the exact scenario.

The one that says there is more is the girlfriend. I have a hard time believing she was arrested for simply refusing to allow a search of the car she came in and was subsequently charged with resisting.

When you get all the facts, come on back and let us know so it makes sense. As it is, it is defiantely lacking.