Legal Question in Criminal Law in Florida

i was arrested (memphis,tenn) for soliciting( whom i ask if she was a police) a prosititue. my car was siezed i wasnt read any rights,i was forced to find a memphis address(im from florida and was headin back to my company shop located in harrison,ar) in order to be released even though they knew i didnt have or know anyone in memphis,tenn . I was also released where i had no idea where i was and no means to get anywhere with my luggage in hand. What can i do is that not a violation of amendment V111 of the bill of rights


Asked on 12/05/10, 9:01 am

1 Answer from Attorneys
Edward Hoffman Law Offices of Edward A. Hoffman

No. The Eighth Amendment says "Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted." Your question does not say any bail was imposed. Since you have not been tried yet, you have not been fined or punished at all, let alone hit with a fine that is excessive or with punishment that is cruel or unusual.

That you are from out of town does not mean the Memphis police had to give you any sort of special treatment. And if your car is either subject to forfeiture and/or potentially useful as evidence against you, the police are not required to give it back to you -- at least for now. The fact that this leaves you without transportation in an unfamiliar city is not their fault. It also is not a constitutional violation.

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Answered on 12/10/10, 4:54 pm


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