gps case in ny -weaver vs people-

[weave725428]

new york. i recently had a victory in the ny court of appeals regarding the placement of a gps device, the question i need answered is how long do i have to file a civil rights lawsuit in federal court. i was arrested on oct 11 2006 ,my case was dismissed on may 29th 2009 in albany county ?

[ecmst12]

How were your civil rights violated?

[Stevef]

Originally Posted by weave725428

new york. i recently had a victory in the ny court of appeals regarding the placement of a gps device, the question i need answered is how long do i have to file a civil rights lawsuit in federal court. i was arrested on oct 11 2006 ,my case was dismissed on may 29th 2009 in albany county ?

From what I can find, you have a five year statute of limitations to contend with.

If you are, in fact, the Weaver associated with the case you referenced, I really don't understand why you are looking here for information. According to the case history, there were plenty of lawyers on your side, including two from the ACLU. Did you ask any of them?

You also should know that the NY court of appeals interpretation of the United States Constitution would not be binding in a Federal Court, so that argument would have to be re-litigated.

I suspect the lawyers don't want to take a chance that a Federal Court would hold otherwise.

[Stevef]

Originally Posted by ecmst12

How were your civil rights violated?

He probably feels he was wrongly imprisoned when they caught him breaking and entering. His girlfriend ratted him out, but the information from the GPS tracking device installed by the police was suppressed as an illegal search.

[url=http://www.law.cornell.edu/nyctap/I09_0080.htm]No. 53: People v Weaver[/url]

[Stevef]

Originally Posted by weave725428

the only lawyers willing to take it on are in nyc .i have contacted lawyers from my amicus brief , i got different timelines from all of them so i thought i would try this avenue and see what replys i recieved. is the 5 yrs from arrest or dismissal ??? also, she was my co- defendants girlfriend and i was not present at either crime scene, the truck registered to me was at the kmart. there was serious police misconduct throughout , they took many chances with evidence at trial and during the grand jury, that they thought would never comeback to haunt them because they took the odds and gambled i would never win on appeal. now the shoe is reversed, the hunters are now the hunted. i like my chances for victory. everybody needs money now,that will take alittle for me to raise.if you know of any lawyers who like a good fight let me know . weave

The SOL applies to the date of the cause of action. I don't think a dismissal would violate your civil rights, so I would guess the date is closer to your date of arrest. It may be the date they attached the device to your vehicle. An attorney would have to review ALL the relevant facts to make that determination.

[weave725428]

thanks steve that was helpful .weave