Filing Lawsuit Against Police

Summary

In Pennsylvania, minors under 21 are prohibited from possessing alcohol, but lack of knowledge can be a defense. Police need probable cause to charge you. If officers acted without probable cause or with malice, you might have grounds for a lawsuit. Consider filing a Right to Know request for police recordings, as they could be crucial evidence. Discuss your situation with a lawyer, focusing on your lack of knowledge, unopened liquor, and potential police misconduct. The smell of marijuana can provide probable cause for a vehicle search, but you have the right to refuse a search without probable cause. Document all interactions with police and gather any evidence or witness statements to support your case.

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Can i get a question answered
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In Pennsylvania, can i file a lawsuit against police officers who knew the liquor in my vehicle did not belong to me and i had no clue that the liquor was in my car but still charged me with possession of alcohol as a minor?
You may have grounds to file a lawsuit if you can prove that the officers acted maliciously or without probable cause.
- In Pennsylvania, officers need probable cause to charge you.
- Misconduct or false charges can be grounds for a civil rights lawsuit.
What was the outcome of the charge against you?
I have not yet pleaded guilty or not guilty
Your situation involves potential police misconduct, which can be serious. Here are some points to consider:
- In Pennsylvania, you have the right to challenge the charges if you believe they were made without probable cause.
- You might be able to file a complaint or lawsuit for wrongful charges if you can prove misconduct.
Have you consulted with a lawyer to discuss your defense options and possible civil rights violations?
not yet but is this a case of malicious prosecution?
It might be a case of malicious prosecution if the officers acted with malice or without probable cause. Key points to consider:
- Proving the charges were baseless and driven by improper motives.
- Demonstrating the officers knew the alcohol wasn’t yours.
Have you gathered any evidence or witness statements that support your claim?
is it illegal to have liquor in my vehicle even without my knowledge or if it is not mine as 20 year old?
In Pennsylvania, it's illegal for a minor (under *) to possess alcohol. However, if you had no knowledge of the alcohol in your vehicle and it wasn't yours, you might have a valid defense. It's crucial to gather evidence to support your claim.
Have you spoken to a lawyer who specializes in such cases?
I have no evidence but the police were recording
In Pennsylvania, minors (under *) are prohibited from possessing alcohol. However, if you genuinely had no knowledge of the alcohol in your vehicle, you might have a defense. Police recordings could be valuable evidence to support your claim.
Have you considered requesting the recording from the police to review what was captured during the incident?
Couldn’t it take long to get the recordings from the police?
It could take some time to obtain the police recordings, but they can be crucial for your defense.
- In Pennsylvania, you can file a request for the recordings under the Right to Know Law.
- It may take several weeks to get a response.
Have you considered filing a Right to Know request?
Not yet
It’s important to file a Right to Know request as soon as possible to obtain the recordings. This evidence could be pivotal in your defense and in proving any potential misconduct. If you haven't already, consider consulting with a lawyer who specializes in criminal defense and civil rights.
Have you considered any other forms of evidence or witness statements that might support your case?
the liquor was also unopened and unconsumed
In Pennsylvania, having unopened and unconsumed liquor in your vehicle as a *-year-old may still lead to a charge of possession by a minor. However, your lack of knowledge and the condition of the liquor could be a strong defense.
Key Points:
- Possession laws for minors.
- Potential defense based on lack of knowledge.
- Importance of police recordings as evidence.
Have you considered discussing this with a lawyer who specializes in criminal defense?
my meeting with lawyer is on wednesday
It's great that you have a meeting with a lawyer scheduled. Here are some key points to discuss with your lawyer:
- Explain the situation and emphasize your lack of knowledge about the liquor.
- Mention the police recordings and how they might support your defense.
- Discuss the possibility of filing a Right to Know request for the recordings.
Good luck with your meeting!
what should i be sure to tell my lawyer on wednesday
Here are some key points to discuss with your lawyer on Wednesday:
- Your lack of knowledge about the liquor in your vehicle.
- The liquor was unopened and unconsumed.
- The police recordings as potential evidence.
- Filing a Right to Know request for the recordings.
- Consider any potential witnesses or additional evidence.
Good luck!
if the cops smelled weed and persuaded us to let them search vehicle and did not tell us we could deny search is this illegal in any way?
In Pennsylvania, police need probable cause to search a vehicle. If they did not inform you of your right to refuse the search, it could be a violation of your rights.
- Police must have probable cause to search without consent.
- You have the right to refuse a search unless there is probable cause.
Have you documented everything that happened during the search?
in what case is there a probable cause to search vehicle if cops smell weed.
In Pennsylvania, the smell of marijuana can give police probable cause to search a vehicle. Key points:
- The smell must be strong enough to indicate that marijuana is present in the vehicle.
- Probable cause allows police to search without consent.
Have you documented the officers' actions and statements during the search?