Wrongfully picked up for "matching description" then charged with disorderly conduct

[athabasca]

What is the name of your state? Minnesota

We live in a small town of 7000 mostly caucasian people. We are also caucasian. I work full time and my husband if a full time student. We are both in our early 30's.

My husband was walking home from a local sports bar (he was there to watch a hockey game and had 3 beers over 3 hours) and was stopped by officers about a block from our house. The officers asked my husband to get in the police car because he fit the description of someone for which they were looking. My husband was handcuffed and placed in the back of the police car.

The officers then drove him to some apartments a few blocks away and took him out of the police car and talked to him about what he was doing and who he was. He explained he was walking home after watching a hockey game at the sports bar. My husband than thought he was going to be let go, but instead he was forced back into the police car. He yelled (and probably swore) at the police once he was back in the car. At that time, he was told he was under arrest for disorderly conduct.

He ended up being charged for disorderly conduct under Minnesota Statute 609.72 Subdivision 1 (3): [url]https://www.revisor.leg.state.mn.us/statutes/?id=609.72[/url]

At some point during all this he was picked up BY the handcuffs that had been placed on him. This left severe bruises on his wrists and he currently does not have feeling in one thumb. We have photos of the brusing, but do not have insurance and cannot afford the tests that would determine if he has nerve damage.

He was held in jail for about 12 hours. The guy the cops were originally looking for was found and ended up in the cell next to him.

While being held he was denied a phone call. He was told he did not get a call until he was in jail for over 24 hours. He was also denied water for just over 9 hours.

He is scheduled to appear in court a month from now on the disorderly conduct charges.

My husband is a legal permanent resident from Canada, but it is unlikely the local authorities know that he is a "foreigner" as he has a valid driver's license and social security number.

He has been assigned a public defender.

Is the disorderly conduct charge legitimate?

Did the police violate his civil rights?
What types of laws/statutes/rules would that be explained in?
Should we take action against the city for what happened?
Is there a way to make the city pay for him to see a doctor?
Can a public defender help with taking action against the city?

Any other advice anyone has would be welcome.

Thank you

[seniorjudge]

Q: Did the police violate his civil rights?

A: Based solely on your post, no.


Q: Should we take action against the city for what happened?

A: Hire a civil rights attorney look over the case to see if you have anything valid.


Q: Can they pay for him to see a doctor?

A: Who is "they"?


Q: Can a public defender help with taking action against the city?

A: No; public defenders deal only with criminal cases.

[tranquility]

Even though things are very unusual and, quite possibly illegal, deal with the criminal problem first. Your PD should put up a good defense under these circumstances, depending on how disorderly your husband was.

After the criminal is done, then worry about suing the city. You need to file a claim within certain time lines. You should see a civil attorney *now* who may take your case on contingency. If so, take his advice. If no one will take it on contingency, you're going to have to let it go as there is no way to win on your own. Some things seem wrong even outside of the arrest itself so you may have a claim even if you were found guilty of the crime. The PD is your criminal attorney and cannot help you on any civil suit.

[sagito327]

First, it should be noted that if your husband "fit the description" then the police were fully within their legal authority to keep him for a period of time. For better or for worse, courts give deference to police in finding people who fit the description. In reality, if they have probable cause---and that could be someone fitting a height and weight that smells like the same cologne---that person may be held.

There are laws protecting citizens from an unlawful arrest. That being said, very very few arrests made by the police are deemed "unlawful" by the courts. One may act in a certain way under the circumstances of an unlawful arrest and completely different under the circumstances of a lawful arrest.

Basically, it is probable that the police had a "legal" right to question your husband. I can't help but get the feeling after reading 609.72 that he may have gotten angry and responded as such. Unfortunately, I think that by acting out (if he did) then he may be in an adverse, criminal situation---regardless of whether or not he actually committed the crime he was originally arrested for.

I think you should get a good CRIMINAL DEFENSE lawyer, and I'll tell you why. If the police were wrong in arresting your husband for the aforementioned crime, and your husband was wrong for flipping out at the police, then a deal can be made (EDIT: otherwise, it just looks bad). A reputable attorney could say "look, you screwed up catching the guy who committed crime x, so lets not expect him to react civilly in the rear of the police car." In sum, get a defender who specializes in criminal defense and keep your husband off probation. The arrest was probably legal, but what are we, the average folks, to do when oppressed by the man?

Sagito

[taro]

If you smart off to a cop expect pain, that's just life. I'd hire a lawyer no matter what. In Minnesota for a misdemeanor it would surely be less then 2K. Which sounds like a lot until you add up days missed from work, fines, court costs, worry etc. Here is one interesting case to look at which I think says you must use "fighting words." (I'll kick your ass, etc) to be charged with disorderly conduct under Minnesota law.

OK the link was so long it messed up the page.

1.) Go to google type "disorderly conduct, minnesota"
2.) Read down until you find a link that starts with "find law"
3.) Click the cached version (because they require membership)