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Is There Anything I Can Do?

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A

adrian457

Guest
What is the name of your state? IL

Here's my situation:
I was driving to work one morning, around 7:55 AM, when I was pulled over. The officers do their usual procedures of asking for license, insurance and registration. After 5 minutes one officer returns to my car and tells me to get out and move to the rear of the car. He than tells me to put my hands on the car and proceeds to cuff me. He then puts me in the wagon and takes me to the station. We get to the station and they escort me to a room where they cuff me to a bolted down bench. Around 30 minutes later one of the officers returns and begins to ask me questions. After about 10 minutes of me not answering he tells me that they looked up my name and there was a warrent for an arrest under my name but it wasn't me. Obviously there is someone else out there with the same name as I have. So he proceeds to take the cuffs off and escorts me to another room where he tells me to wait there. He comes back 10 minutes later and gives me my keys and my lunch bag. He tells meto continue to wait for the other officer who's issuing me a citation. So the other officer comes and gives me a citation for loud music and a notice to pay $950 to get my car back because it was towed.

My question is, what can I do about this and getting my money back from the tow? Let's go over the facts which I didn't include in the story because I want to point them out. 1) The police were behind then beside me while I was driving down the street. We get to a six corner light and I proceed to turn left onto a SE bound diagonal street and they turn left onto the E bound horizontal street. They then take a side street and get behind on the SE Diagonal street and turn on the lights and pull me over. 2) Upon cuffing me and taking me to the station and asking me questions that had nothing to deal with name, address, etc., they never read me my Miranda rights nor did they tell me what I was arressted for. 3) they release me and give me a citation almost an hour later then when they pulled me over and gave me a trumpted up ticket for loud music.

I was thinking about this over and over and came to realize that this may be a case of racial profiling because of these reasons: 1) I'm a Latino male with a goatee, a hair style which is common with the rap/gang look and in my mid 20s, so I fit the troublemaker profile, and I do listen to rap music 2) If my music was loud and they were behind and next to me they would've pulled me over then and there and not wait another 3 blocks before they pulled me over. Obviously they were running my plates and when they got the information and the name matched someone with a warrent they pulled me over and asked me for my information. Upon seeing my license and the name again matching what was brought up on their computers they arrested me, Once at the station and finding out it wasn't me they had to come up with something to tow my car for. It is a law here that they are able to tow a car for loud music, so basiclly they were covering their tracks and issued me the citation for the loud music. 3) My radio goes up to 15 and it was at 5 because it starts getting distorted above that level. I used to have it 3 or 4 depending on the outside noise but with my hearing problems (I have medical records to prove it) I have to have it raised to 5 to be able to hear it.

The thing is, I work downtown for a major company and had a shirt, tie, slacks and shoes on as I was on my way to work. The music I had on was spanish rap with no cursing what's so ever. I've never been in trouble, no record, one moving violation ticket, no drugs and rarely drink alchohal. I might look like and listen to troublemaking stuff but I'm far from it. And I have tons of character witnesses to back me. I can see if I was previously warned and ticketed for the same offense before but to think with all the crime going around in the city and they "arrest me for loud music playing" is absurd!

Honest opinions please. What can I do?
 


CdwJava

Senior Member
What you describe would be appropriate and standard for a warrant-based arrest. When they found out the mistake, you were released - with a citation for the original violation. You may THINK it was a case of 'racial profiling', but, so long as there was an actual violation of law, unless the officer admits that he only pulled you over because you were Hispanic, it ain't gonna fly.

And what's this $950 for an impound?! Almost a thousand dollars!! I can't imagine that ... not for a few hour old impound. Did that fee include back registration fees? If not, then I think you misquoted the cost - or received a grossly erroneous invoice.

If you really feel that you were somehow violated, you should contact an attorney that specializes in such lawsuits against the police. If you do the consultation and he asks for money up front - you probably don't have a good case. If he agrees to take it on contingency, there's a chance you might be able to get a little ... but not much - your only real damages were time and impound fees lost ... MAYBE an argument for 'humiliation' ... maybe.

Carl
 

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