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Police officer have a legal right after they have pulled you over for a brake light situation
not working, search your car ?
Anonymous5 views5 answers
My son has brain damage as a result of his epilepsy. He got pulled over by a local officer today.
He was searched as well as his car ! He was stopped due in part to his brake lights.
I don't believe that the officer had the right to search my son's car & search him too !
He didn't anything wrong. When we get it fixed we have to just show the court proof that
it was addressed.
Generally the police would need to have reasonable suspicion with specific, articulable facts justifying the search. Many cops get around this, however, by asking "is it o.k. if I look in the car?" Many people - not knowing their rights - say "yes." If so, this would constitute a consent to search, waiving the violation of his rights. Schedule a consult with a civil rights lawyer in your area for a full assessment.
Probably not. I suspect that the Officer mat have a different version because they often do. Assuming your son just got a ticket, I do not see sufficient damages to warrant a lawsuit. If you do want to pursue a case I suggest that you consult with a civil rights lawyer asap because you need to serve a Notice of Claim within 90 days of the incident to preserve your State law claims.
Cory H. MorrisCriminal Defense AttorneyHauppauge, NY ·
When you say he was stopped "due in part" to break flights, it is important to know what the officer alleged. As the other attorneys state, it is likely that the officer has another version of what happened.
