My son was stopped by a small town officer for a brake light being out. He searcher the vehicle and my son and found a marijuana pipe in his pocket (no drugs were present). The officer than threw him to the ground , put his knee in the back of his head , and handcuffed him. He than drew his weapon and pointed it at his friend and ordered him out of the vehicle. Is this not a bit excessive?
Asked on 7/27/09, 2:41 pm
1 Answer from Attorneys
Joseph Jacobs
Jacobs & Lowder
Yes that is excessive and may have been illegal. Your son should have been cited for the brake light and then released, unless the officer smelled the marijuana, which would have given him probable cause to continue the detention. Throwing your son to the ground and pointing his weapon at them must have been justified by some resistance, so if that wasn't present, you have a claim against the officer. Feel free to contact me directly....216.952.1990
Answered on 7/28/09, 11:43 am
Related Questions & Answers
-
Garnishments my husband got into a car accident a couple of years ago (he under the... Asked 6/05/09, 3:31 pm in United States Ohio Traffic Law
-
Ovi if i have an accident in ohio and do not take the BAC, how long does the state... Asked 6/04/09, 8:57 pm in United States Ohio Traffic Law
-
Accident with uninsured motorist Involved in accident with uninsured motorist. At... Asked 5/30/09, 4:54 pm in United States Ohio Traffic Law
-
Traffic violations I am on probation for my second DUI and now I have been ticketed... Asked 5/20/09, 4:38 pm in United States Ohio Traffic Law
-
Rights to see Evidence I'm from FLA and was vacationing in OH when I got lost one... Asked 5/19/09, 11:24 am in United States Ohio Traffic Law
