Legal Question in Civil Rights Law in New Jersey

I go back and forth by foot or bicycle between two coastal towns in New Jersey. I live at my girlfriend's house but use the computer at my mothers house, plus I help out with the house/my younger sister, not to mention work with my mother. Nothing suspicious whatsoever going on. Over the years I have had police stop and search me way more than I think is necessary. I don't believe it is at all necessary, really. I believe it was the first incident that I had where I refused to be search. I started to show them what was in my backpack, but after that I declined to let them go further. I was quite upset and I received fines for no electronic bike lights (even though I had one broken rear light). They were pretty upfront about why they gave me the ticket, which was basically because I wasn't cooperating (ie letting them do a nice thorough search). It seems that the police in this town use the bike light as a reason to stop people to catch them with other minor crimes. Anyway, over the years it has almost become commonplace. This past summer I was seemingly set up. I was walking out of from my mother house and this odd guy was parked on the street and asked me where the beach was, which was extremely odd considering the beach is a block away. Just as I was pointing, in a very confused state, a police SUV comes out of nowhere and the officer asks if they can talk to me. Well, it pretty much resulted in a pat down.

Just recently, as I was stopped on my bike waiting for cars to pass, just before a little bridge that separates this town (the town that I have trouble with police in) from the next, an officer rolled his window down and started talking to me, asking where I was going, etc. I said where I was going, had come from, etc., and went on my way.

My questions are:

What much at all do I even have to say to them?

If worse comes to worse, do I have every right to refuse search/patting down?

In what cases can I take this to court (it seems that it may get to this point)?

In general, what in the heck to do about this police state nonsense? This police department seems pretty serious about targeting males at night and getting whatever kind of charge they can out of every little person.


Asked on 12/24/10, 3:33 pm

1 Answer from Attorneys

Robert Davies The Davies Law Firm, P.A.

You are a long, long way from my office. What you are describing is completely wrong, but you already knew that. I will be very interested to see what the attorneys in your area say to you, if anything. Most lawyers up here will NEVER fight the local police because they will have to defend other clients in the local municipal courts.

I sincerely hope that some attorneys near you, will agree to assist you (I can not, too far).

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Answered on 12/29/10, 3:42 pm


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