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police detainment

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stikks

Junior Member
What is the name of your state (only U.S. law)?

illinois

Good evening.I am new to this forum as of right now.I have question
about the police.I was detained after work today for an hour.My car was searched and all personal information recorded.I was made a public spectacle at my bank with 7 cops surrounding me.I was let go after an hour.This caused me extreme anxiety.With all info taken from me I feel like a criminal now.Do I have any rights and recourse for this action.I have no police record whatsoever.Were my rights violated?I am a nervouse wreck right now.If anybody could help me with this question I would appreciate it very much.

thank you for your time
 


justalayman

Senior Member
and the reason you were detained?

If the police had reasonable suspicion to detain you, you have no claim for the detention. If you allowed the search of the vehicle or the police had a warrant or probable cause, you have claim on that point.

explain the situation. Then, maybe you can get an answer that means something.
 

Isis1

Senior Member
You were treated as a suspect. Criminals get arrested and go to jail. Your post does not specify either action.

Why were you anxious? If you had nothing to hide, there is nothing to be anxious about.
 

stikks

Junior Member
Hello,They would not tell me why the stop.They said an incident occurred and my vehicle matched the description..The detective was looking for a specific item.When the item was not found they told me it was about a kidnapping and let me go.The reason I am nervous is because of the spectacle they made of me at my bank and all the questions they asked me
and recorded.I did nothing wrong but I feel my reputation has been smeared now.I`m am just wondering if my rights were violated.i would think any law abiding citizen would be nervous when your just coming home from work to cash your check and go to subway for dinner all the sudden you are surrounded by 6 or 7 cops and did nothing wrong.The cop said he didn`t have a problem with me and believed me.What about the public embarrasment thats just ok?
 

Isis1

Senior Member
There's nothing embarrassing about being publicly exhonerated. They left you free to go home. They had an emergency. Look at the bigger picture here. Someone's life was on the line. They could be dead. They had probable cause. They are trying to save someone before the kidnapping turns deadly. They don't have time to stand in line formation and issue an apology.
 

tranquility

Senior Member
The key is NOT what other posters have mentioned so far, but if the police had reasonable suspicion and if they completed nothing more than a reasonable investigation.

Reasonable. That is the key.

An hour? I think the police need a specific articulation to defend that.
 

stikks

Junior Member
The key is NOT what other posters have mentioned so far, but if the police had reasonable suspicion and if they completed nothing more than a reasonable investigation.

Reasonable. That is the key.

An hour? I think the police need a specific articulation to defend that.
Thank you for a reasonable reply,I am bothered by the public humiliation.
Can this be considered harrassment,and were my civil rights violated.I want
my record clean because it has been for 52 years.Is a complaint appropriate?
And if so what will the outcome be,more harrassment?

thanks again
 

stikks

Junior Member
and the reason you were detained?

If the police had reasonable suspicion to detain you, you have no claim for the detention. If you allowed the search of the vehicle or the police had a warrant or probable cause, you have claim on that point.

explain the situation. Then, maybe you can get an answer that means something.
yes I allowed the search.What do you mean by I have claim on that point?

thanks
 
First off, they didnt violate any rights you willingly gave up.

In all seriousness, did you consent? Did you verbally (only) insist on leaving? Did you refuse to answer questions? Did you ask for an attorney?

You have no rights if you cede them.

Go ahead make a complaint, but next time dont give up your rights.

And yes you have every right to be anxious when you have troopers with weapons tearing about your personal property.

Hope you had a good reason to give up your rights and permit that.
 

justalayman

Senior Member
The key is NOT what other posters have mentioned so far, but if the police had reasonable suspicion and if they completed nothing more than a reasonable investigation.
.
Um, that is what I said with the exception of the reasonable investigation. Since the OP allowed the search, that removes the requirement for the reasonable investigation. OP allowed the continued investigation by his own admission.



yes I allowed the search.What do you mean by I have claim on that point?
if you allowed the search, you do not have a claim on that point.

.The cop said he didn`t have a problem with me and believed me.What about the public embarrasment thats just ok?
as long as they have reasonable suspicion, they can detain you. Even with your added info, there is no way to determine if they actually had reasonable suspicion. Once detained, to be able to search your vehicle, they either had to have probable cause to be able to search your vehicle or your permission.

You gave your permission. That removes the requirement for probable cause.

If the police had reasonable suspicion to detain you and you willingly allowed the search, you have no claim against the police for their actions.
 

davidmcbeth3

Senior Member
yes I allowed the search.What do you mean by I have claim on that point?

thanks
Are you going to consent to a search in the future? You are lucky they did not take your seats out. Never consent & never talk to the cops. Simply say "no" and "I do not wish to talk to you any more, can I go?" If they say no, you cannot go, then don't say another word to them other than you are remaining silent.
 

You Are Guilty

Senior Member
I'll go one further. Even if the OP did not consent, and the police had no legal justification to continue the search for an hour (which, granted, is on the very upper bounds on what has typically been considered "reasonable"), then there is still no viable case. "Anxiety" as damages is not going to get anyone excited. I wouldn't go buying any Ferraris on credit just yet. A formal complaint to the officers' supervisor is about the most one would expect to come of this.
 

BOR

Senior Member
I'll go one further. Even if the OP did not consent, and the police had no legal justification to continue the search for an hour (which, granted, is on the very upper bounds on what has typically been considered "reasonable"), then there is still no viable case. "Anxiety" as damages is not going to get anyone excited. I wouldn't go buying any Ferraris on credit just yet. A formal complaint to the officers' supervisor is about the most one would expect to come of this.
I also see an hour as a long time for an investigative detention, but not unheard of.

Let's say for the sake of argument the detainment was done on purpose, either without justification or reason for the time frame.

Which, sure may be hard to articulate, but a Police officer in Ohio who "knowingly" violates a persons civil rights is guilty of a Misdemeanor of the 1st degree.

So here it would be more than a civil matter.

I don't know if IL has a comparable law, but even if they do, the poster should not rush put thinking the cops are going to get nailed.
 

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