Will filing police misconduct reduce charges of MIP and resisting arrest on juvenile

This is a discussion on Will filing police misconduct reduce charges of MIP and resisting arrest on juvenile within the Criminal Law & Criminal Procedure forums, part of the Legal Questions & Answers Forum category; My seventeen year old daughter recently received a ticket for resisting arrest and minor in possession of alcohol at a party. The arresting officer recognized my daughter from a previous ...

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    Will filing police misconduct reduce charges of MIP and resisting arrest on juvenile

    My seventeen year old daughter recently received a ticket for resisting arrest and minor in possession of alcohol at a party. The arresting officer recognized my daughter from a previous contact and immediately pulled her wrist hard from a group of people with no explanation. She was then tackled to the ground, pushed her head on the squad car and hand cuffed. Officers searched her back pack without consent and not reading her rights and found a little unopened shooter. Officer failed to contact parent until 1 1/2 hours later and did not bring my daughter to PD after two hours. The officers used profanity and took her around town before bringing her to PD. A complaint has been filed with Internal Affairs against the officers on police misconduct. Some bruises were apparent on her wrist and legs and photos were taken. What are the chances of having this case dismissed?


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    That is a question that the district attorney will ultimately have to answer and it will really depend on how much proof they have, witnesses to testify, etc...

    First of, from what you mentioned, it does not appear that your daughter resisted arrest. However if she did, maybe that is the reason why the officer had to use force. Was the officer acting alone or did he have a partner? Once the officer arrested her, I believe he had permission to search her bag as a search incident to arrest. Also the officer was required to read her the miranda rights but you did not mention anything about her confessing so I am not sure whether that would even come into play.

    I am not sure about the procedural issues, holding your daughter and driving her around without going back to the police department immediately. I highly recommend consulting with a local criminal law attorney. If you cannot afford one, please request a public defender and discuss these issues with him.
    If you have proof of everything the officers did, you may even consider a civil lawsuit against the police department/officer/township.
    Legal Disclaimer: Answers to questions on this forum are for informational and educational purposes only and do not constitute Legal Advice. No attorney-client relationship is established through this forum.


 

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