Arrest, Search, Seizure, Warrant Is it a false arrest??? There was no probable cause

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ezsick

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So this is what happened first of all we got pulled over for being a dead end. He said it was suspicious and we were smoking a cigarette when he pulled up but we did not smoke the marijuana but we were a little drowsy from an over the counter drug, but the officer said he smelt marijuana which is got to be a lie, but any way he asked if he could search the vehicle and we said no then we gave him our license and none of us ever been arrested before then he asked the driver to step out the vehicle and then he handcuffed him and put him in the car. I was sayin to the officer do you have probable cause and the officer said are you a lawyer and I said no then the officer told me "Well Then Shutup" then he said to step out the car and empty my pockets so I did it anyway cuz I didn't want to get hurt. I did not have drugs on me but yet he handcuffed me too and put me in the police car. I repeatidly told the officer the cuffs were too tight by then another officer had came and he heard me complaining about the cuffs and loosened it for me and as we were being takin to the police station I said why you arresting me is it cause I am half black and he said sarcastically "Oh Your Black" with a smile on his face which I saw in his mirror. so now I have to go to court for possesion in which we also spent a night in jail for possesion which he had no probable cause to search. So do I have a case in a suit??? give me your opinion and let me know what you think about the situation and should I fight it or just plead guilty to stay out of court and have to get an attorney that will cost me even more money??? so give me your input any will help. THANKS!!!
 
You may want to speak to an attorney. There are two sides to every story but why were you pulled over in a dead end? Were you parked there? What was going on at the time? Is it possible that one of the property owners called the police after seeing your car parked in the dead end? Circumstances are important here and it seems like we may be missing some of the facts.
Originally posted by ezsick
So this is what happened first of all we got pulled over for being a dead end. He said it was suspicious and we were smoking a cigarette when he pulled up but we did not smoke the marijuana but we were a little drowsy from an over the counter drug, but the officer said he smelt marijuana which is got to be a lie, but any way he asked if he could search the vehicle and we said no then we gave him our license and none of us ever been arrested before then he asked the driver to step out the vehicle and then he handcuffed him and put him in the car. I was sayin to the officer do you have probable cause and the officer said are you a lawyer and I said no then the officer told me "Well Then Shutup" then he said to step out the car and empty my pockets so I did it anyway cuz I didn't want to get hurt. I did not have drugs on me but yet he handcuffed me too and put me in the police car. I repeatidly told the officer the cuffs were too tight by then another officer had came and he heard me complaining about the cuffs and loosened it for me and as we were being takin to the police station I said why you arresting me is it cause I am half black and he said sarcastically "Oh Your Black" with a smile on his face which I saw in his mirror. so now I have to go to court for possesion in which we also spent a night in jail for possesion which he had no probable cause to search. So do I have a case in a suit??? give me your opinion and let me know what you think about the situation and should I fight it or just plead guilty to stay out of court and have to get an attorney that will cost me even more money??? so give me your input any will help. THANKS!!!
 
just updating the results!!!

Well I won my case and the charges were dropped, he had no probable cause and thanks to the exclusionary rule the evidence could not be used against me and the best part is I just represented myself in the case so I lost nuthin out of the trial so thanks for your help professor so now I still have no criminal record and the cop was suspended for the things he had done to me, so here is how I'm feelin:D
 
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