Legal Question in Criminal Law in Ohio

rights of citizens when being questioned by police

My mother has been approched three times questioned about my brothers car who lives in the house. they are accusing him of transporting a known drug offender even though the car he is allegely driving never moves and survalence would show that. His future inlaws have treatend him before and one of them work for a judge we belive they are behind it do we have a right to know who keeps filing the complaint against him? everytime they are there the play around on the street and pretend to resist arresting each other. Do we not have the right to see their badge numbers and call the local station and verify thier identy and thier purpose for being there at that time? there is a obvious drug house across the street with a couple of guys that come close to the description of the guy my brother is supposably driving around can we tell them to go over there and search. the only person that has been in my brothers car in the last month has been him and his fiance. Before he answers any questions even in an investigation should he not have an attorney present? If we can prove that it is his fiance's parents can we file a civil suit against them?


Asked on 5/13/05, 9:02 am

1 Answer from Attorneys

Timothy Hess T. Hess & Associates, LLC

Re: rights of citizens when being questioned by police

Unless charges are filed, it is unlikely that the police will provide you with a name of the complaintant. He does not have to answer any of the police questions and does not have to "come down to the station to give a statement" as the police will often ask people to do. If they feel they have enough information to charge him, let them charge him, don't provide them with anything more.

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Answered on 5/13/05, 9:57 am


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