Can the police be sued for divulging information to parents if over 18?

[remix919]

First, there is no defamation. Defamation is a false statement of fact that injures a reputation. The police reported to your parents the truth - the fact of your arrest for drugs. You injured your own reputation.

And you additionally had down as an emergency contact your parents. Not smart.

The police officer may have been a jerk but you have no legal action to pursue against him for being a jerk. As Zigner said earlier, the fact of your arrest is a public record and, depending on your local news, your arrest could be published there as well.

And, finally, a "couple simple misdemeanor charges" is not exactly simple or minor. I recommend you locate a criminal defense attorney to assist you in court.

I would agree, but that is where this case starts to get complicated, first off, I was CHARGED, not convicted, and even though our court systems constantly prove otherwise, it's supposed to be "innocent until proven guilty". So this stage, I have not been found guilty of anything. My charges are from an overzealous cop that raided my home with a search warrant and 12 officers and found nothing more than a little bit of smoking pot and some paraphernalia. The search warrant itself is being called into question by my attorney, but once again, the officer decided to call my parents and tell them everything using HIS own version of course, which makes me some like some crazy drug person. That's the part I'm questioning in this post.

 

[OHRoadwarrior]

Apparently you are not disputing what was in your possession. That was what your parents were interested in. As I and another noted, it is public information. Prying minds want to know. You had no right to secrecy. He may have been trying to get more info on other possible stashes through shocked utterance.

 

[Silverplum]

I would agree, but that is where this case starts to get complicated, first off, I was CHARGED, not convicted, and even though our court systems constantly prove otherwise, it's supposed to be "innocent until proven guilty". So this stage, I have not been found guilty of anything. My charges are from an overzealous cop that raided my home with a search warrant and 12 officers and found nothing more than a little bit of smoking pot and some paraphernalia. The search warrant itself is being called into question by my attorney, but once again, the officer decided to call my parents and tell them everything using HIS own version of course, which makes me some like some crazy drug person. That's the part I'm questioning in this post.

You've already been told. Your arrest is public record. Your tantrums are silly.

 

[quincy]

I would agree, but that is where this case starts to get complicated, first off, I was CHARGED, not convicted, and even though our court systems constantly prove otherwise, it's supposed to be "innocent until proven guilty". So this stage, I have not been found guilty of anything. My charges are from an overzealous cop that raided my home with a search warrant and 12 officers and found nothing more than a little bit of smoking pot and some paraphernalia. The search warrant itself is being called into question by my attorney, but once again, the officer decided to call my parents and tell them everything using HIS own version of course, which makes me some like some crazy drug person. That's the part I'm questioning in this post.

You might want to tell your parents that you are innocent until proven guilty. It is good that you have an attorney to handle your arrest on drug charges.

I do not see that the police officer violated any of your privacy rights because the facts of your arrest are public record and you (perhaps inadvertently) provided the police with your parents' phone number as a contact number.

Do you live with your parents?

Police officers, as a note, can legally lie - and they often do this to find out information that they may not be able to get otherwise.

Again, I do not offhand see any legal action you can take against the police, but you can address this with your attorney. Your attorney is in a better position to assess all of the facts.

Good luck with your drug charges (and with your parents).

 

[Proserpina]

He's already down the street whining about it there.

Good heavens.

 

[not2cleverRed]

Haters gonna hate, hate, hate ,hate, hate...

I figured the haters would come out in force and of course blame ME for getting the charge, but those of you ARE MISSING THE POINT. Yes, I got a charge, and guess what, I am owning up to it and handling it myself because I am an ADULT! My issue is not whether or not what I did was wrong or whether I deserve the charge or not, my issue is the police going out of their way to defame me to my parents for no other reason than because the police officer wanted to make my life miserable.

Couldn't help it - had to use that title after reading this post.

Judging from your posting hx, this isn't your first rodeo.

Unless and until you look in the mirror and make the decision to change your life, you are NOT owning up and handling it.

The police did not ruin your life. The police did not ruin your relationship with your parents. YOU are the one who crashed a car and got a DUI and YOU are the one still keeping and using illegal drugs.

If you live the life of an adult of good character, then when the police called your parents saying you have been arrested, and are some sort drug king pin, your parents would probably assume they were being scammed. That yours didn't... Again, look in the mirror and do some soul searching.

 

[quincy]

What is the name of your state (only U.S. law)? North Carolina

... I come from a very conservative Asian family ...

After reading the previous DUI thread created by remix919, I am thinking he might take after his drunken aunt from New Zealand more than his conservative Asian family in North Carolina.

 

[cbg]

Haters: Someone who tells me I'm wrong.

 

[quincy]

I liked your response to remix919's thread down-the-street, CdwJava.

You think there is a chance that the police officer overstepped a bit with his phone call to remix's parents, even if the police were given the parents' phone number as an emergency contact number?

 

[CdwJava]

I liked your response to remix919's thread down-the-street, CdwJava.

You think there is a chance that the police officer overstepped a bit with his phone call to remix's parents, even if the police were given the parents' phone number as an emergency contact number?

Yes, I do. If there was no valid reason to make contact, then an argument can be made that the contact was unrelated to their law enforcement function and simply vindictive/spiteful/punitive. I have heard of cases where officers and agencies have been found liable for such conduct. At the very least, if these were my people, I'd be looking into the why of it.

However, given that this was a search warrant and a raid on the OP's home, there may well have been some legitimate reason to make contact with the parents. Particularly if his home also belongs to his parents, or he is using their vehicle to transport his dope.

 

[quincy]

Yes, I do. If there was no valid reason to make contact, then an argument can be made that the contact was unrelated to their law enforcement function and simply vindictive/spiteful/punitive. I have heard of cases where officers and agencies have been found liable for such conduct. At the very least, if these were my people, I'd be looking into the why of it.

However, given that this was a search warrant and a raid on the OP's home, there may well have been some legitimate reason to make contact with the parents. Particularly if his home also belongs to his parents, or he is using their vehicle to transport his dope.

Thanks, Carl. I was seeing several reasons why the phone call by the police officer would be legal and justified but I was having a difficult time finding any reason why the phone call would be legally problematic.

I am still thinking that there is probably not enough here to support a civil action, given what remix has described, but maybe I will search a bit to see what I can find. I wasn't going to make the effort before but now I am curious.

 

[CdwJava]

I agree that there is probably not enough for any kind of a civil action in this case,but, laws vary by state and if the OP really wants to spend the money he can always consult an attorney., Ultimately, absent an admission by the officers that they made the notification simply to spite the OP,it's not likely to go anywhere.

If the OP is truly concerned with his parents' beliefs and attitudes, he would not have engaged in behavior that would result in their "disowning" him ...whatever that means. Though, I suspect it means that financial support is likely to be cut off and THAT is why he's miffed.

 

[OHRoadwarrior]

Not to mention, if parents are supplying money for junior to attend college and junior gets a criminal record preventing him from getting a job with the degree they are paying for. I know I would disown one of my kids if they omitted their criminal behavior to get college money and I discover later, they cannot get a job due to a criminal record.

 

[quincy]

I agree that there is probably not enough for any kind of a civil action in this case,but, laws vary by state and if the OP really wants to spend the money he can always consult an attorney., Ultimately, absent an admission by the officers that they made the notification simply to spite the OP,it's not likely to go anywhere.

If the OP is truly concerned with his parents' beliefs and attitudes, he would not have engaged in behavior that would result in their "disowning" him ...whatever that means. Though, I suspect it means that financial support is likely to be cut off and THAT is why he's miffed.

He not only can consult an attorney, remix919 would be smart to have an attorney - to help him with his drug charges.

Although any criminal defense attorney he sees in North Carolina should be able to let him know if there is a possible legal action to take against the (vindictive) police officer, it is probably best if remix919 devoted more energy to working on his defense to the charges he faces than on the phone call to his parents.

I think you might be right that a cut-off of financial support, or a threatened cut-off, might play a role in why remix is as upset as he is.