Legal Question in Criminal Law in Wisconsin

Cops planted drugs on my girlfriend while she was riding in my vehicle and i was pulled over for small detail in traffic stop. Cops illegally searched her possessions, planting two pills, then forcibly detained us upon finding planted pills. I was locked in a 'sweat box' (very small area in K-9 vehicle that afforded me nearly zero room for movement given my 6' 2" frame) for over 45 minutes. I started going a little crazy about the 30 minute mark and then started politely beating on the window to get the cop's attention that I was starting to go a little crazy. I pleaded with office to be let out for just a moment or two, twice telling him I was getting claustrophobic, but he told me I basically deserved my treatment for driving around with drugs in my car. Although the detainment constituted arrest we were never once read our Miranda rights - even after much later when they announced we were under arrest. I was intentionally and maliciously falsely imprisoned following the traffic stop (I was charged with possession of thc, possession of drug paraphernalia, and illegally obtained prescription - paperwork that could have been done along side the road they but forced me to Jail) - whereby - with zero tests administered (save one - breath alcohol analyzer portable tube type - at Jail Intake - results .000) and zero results harvested, with no proof whatsoever, I was judged 'under the influence' and instructed I could only leave the Jail in the presence of a responsible party or stay at the jail for 12 hours. Jail Intake marked on form that I was not 'under the influence' with their paperwork. I was instructed I could only contact a responsible party via the forced usage of the Jail's telephone system; which was an exercise in futility given it is very complex and cumbersome system of usage; and I've heard additional gripes from people (dui cases) about how nearly impossible it is to make contact with a responsible person outside of the jail. This happened at nearly 'perfect storm collision of events' whereby an extremely valuable mission critical moment passed while detained and I missed a long-planned meeting for a long planned business venture. They could perhaps of not hand-picked a better time for causing immense damage to me and my plans. Girlfriend was targeted because either she was black, or because she was judged a stripper, or maybe a combination of the two. I have a summons and complaint nearly completed for the False Imprisonment. Moving on to Federal summons and complaint for 8th Amendment violation. Just found out specific rules for first informing opposing party if they are law enforcement. I'm busy with my stuff, but it appears to me my girlfriend has a strong case for false imprisonment (spent the whole weekend in jail because she was Out of State and couldn't use signature bond for drugs that were planted on her - bodycam evidence clearly shows 3 step process cop used for planting drugs) as well as a federal violation of profiling or targeting (under color by legal terms?). Sure would be nice to have somebody with knowledge look my summons and complaints over first before I file. I understand this would not be free.

Asked on 9/09/18, 7:07 am

1 Answer from Attorneys

JAY Nixon nixon law offices

If you are being charged with a crime, you will not help yourself by filing a simultaneous civil lawsuit. Talk to your criminal attorney before you do that, as well as to your girlfriend's criminal attorney. Both will probably agree that you have bigger fish to fry right now than worrying about a civil claim and suggest that you await final resolution of all prosecutions against you and then reconsider. While the planting of evidence by police is an unfortunate reality these, an even more unfortunate one is the harsher treatment which criminal defendants who sue civilly (or threaten to do so) often get through the criminal prosecution and sentence if they are ever convicted of anything.

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Answered on 9/09/18, 12:17 pm

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