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Can I sue for being falsely arrested?

So the other say I was at McDonald's enjoying my food and talking to my girl on the phone and I passed out in my car in the parking lot. I had a long day before (7 hours college followed by an 8 hour work shift) and I was awaken by two sheriffs yelling at me saying high (I do not use drugs or drink alcohol). They performed a test with the light and immediately arrested me and when I asked for a breathalyzer test I was denied. Well when I got to jail I was also denied a urine or blood test and was locked up for 20 hours because of this.

Initially the officers were saying I was on spice but later switched there charges to drunk. I was denied a test to prove my innocence and locked up for 20 hours for a crime I did not commit, I feel as if my rights were violated and I just want the cops to be punished for there actions because I know they were trying to get an arrest.

So can I sue local PD for violating my rights?

9 Answers

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  • 5 years ago

    1

    Source(s): Criminal Record Search Database - http://criminalrecords.raiwi.com/?kOmf
  • 7 years ago

    You can sue them but, it is unlikely that you would win (for their beliefs). They have a right to make a determination at the time and they determined you were drunk. Your behavior may have assisted them in that determination.

    Even if your behavior was good when they woke you up, sleeping in a public place - they had every right to believe it was either drink or drugs, or something. It is unfortunate what happened but, I do not see a case here. All I can suggest is that you get enough sleep at home to carry you through the day.

    Source(s): Certified Paralegal, with 25+ years' experience.
  • 7 years ago

    Yep, get in the yellow pages. There's a lawyer in there who will be HAPPY to sue the city on contingency!

  • 7 years ago

    "So can I sue local PD for violating my rights?" Not successfully without a very good lawyer.

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  • 7 years ago

    If you have issues like that I feel deep sorrow of your inclinations.

    Get a job, sport, challenge others some human way.

  • Anonymous
    7 years ago

    Sure. You can clog up the court with yet another useless case. You were in the wrong. The police did nothing wrong.

  • 7 years ago

    You wouldn't win, you were passed out in a car, come on.

  • Jay H
    Lv 5
    7 years ago

    Talk to a lawyer

  • 7 years ago

    You were LEGALLY arrested for TRESPASSING, which you ARE guilty of. If you sue, you WILL lose.

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