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Here's is a scenerio. Based on what you are going to read answer the following questions.
1. Is "Mike" in the wrong? If so, for what?
2. Should "Mike" simply hope to have charges dropped or lowered to probation?
3. Does "Mike" have really good case for false arrest, assault, excessive force, police brutality etc?
I'll make the scenrio as short and direct as possible.
On night "Mike" is leaving a local bar. Mike's wife was there picking him up. Mike never drinks and drives. He either gets picked up by his wife, who does not drink, or he takes a cab. As he is aboit to get in his wifes car some random drunk female is in close proximity and behind the wheel of her car. This women stàrts hysterically screaming obscenities at Mike. Mike tells her to shut up which enrages the women. She jumps out of her car and runs straight at Mike, only to be held bad by onlookers. She them threatens to kill Mike by running him over. She returns to her car and revs the engine obnoxiously.
Mike does the only scensible thing, he calls 911 to report a drunk driver. Two officer arrive shortly and allow Mike and his wife to leave.
Moments later Mikes wife notices she is being followed by several cars. They appear to be police cars but no blue lights so she thinks nothing of it. Mimes wife pulls into a fast food oarking lot to hop out and grab Mike a late night snack.
As soon as the car is parked properly in a spot and is turned off, 4 cars full of police officers swarn Mike and his wife...both still seated in their car. Mind you....they were never pulled over. They pulled into a fast food place of their own accord. One officer somehow knows Mike by name and calls him by his name...demanding his ID. Mike, stating that he has comitted no crime, refuses to produce his ID. The officer then tells Mike he is under arrest for public intox. Mike again informs the officer that a) the officer hasn't conducted any test and has no proof that Mike is in fact intoxicated and b) Mike is sitting in his own car, not out and about in public.
Mime is then ordered out of the vehicle under the premise that the police are " conducting an investigation". Mike again refuses to step out of the vehicle because he won't walk into a pu lic intox charge.
At this time an officer reaches in Mikes window to unlock his door. Knowing that the law allows justified physical force to be used to fight an unlawful arrest, Mike pushed the officers hand away. This occured twice.
The two officers stepped back. Whispered to each other, stepped back towards the car and immediately, without warning, tasered Mike. Immediately Mike and his wife began yelling about Mikes heart condition. The officers were both telling to get out of the car an md for Mike to put his hands up. Neither offer attempted to open the door. Mikes's wife had to reach across him, getting a secondary tasing, and open the door.
After being handcuffed, the initial officer made some very vulgar, personal remarks about Mikes weight and asked "How do you like me now?"
After being placed in the patrol car Mike began feeling chest pains and severely dizzy and short of breath. The officer was asked 3 times to please call the EMT's. All 3 requests for medical personnel were denied.
Mike was transported to jail and charged with:
Felony assault on a police officer
Felony resisting arrest with violence
Disorderly conduct
No publc intox. And was released/ bonded out 2 hours later. He was not even held the manditory time for people who have been supposedly drinking.
What say you...is Mike in trouble or does he have enough to pursue a lawsuit for violation of his civil rights amongst other things?
1. Is "Mike" in the wrong? If so, for what?
2. Should "Mike" simply hope to have charges dropped or lowered to probation?
3. Does "Mike" have really good case for false arrest, assault, excessive force, police brutality etc?
I'll make the scenrio as short and direct as possible.
On night "Mike" is leaving a local bar. Mike's wife was there picking him up. Mike never drinks and drives. He either gets picked up by his wife, who does not drink, or he takes a cab. As he is aboit to get in his wifes car some random drunk female is in close proximity and behind the wheel of her car. This women stàrts hysterically screaming obscenities at Mike. Mike tells her to shut up which enrages the women. She jumps out of her car and runs straight at Mike, only to be held bad by onlookers. She them threatens to kill Mike by running him over. She returns to her car and revs the engine obnoxiously.
Mike does the only scensible thing, he calls 911 to report a drunk driver. Two officer arrive shortly and allow Mike and his wife to leave.
Moments later Mikes wife notices she is being followed by several cars. They appear to be police cars but no blue lights so she thinks nothing of it. Mimes wife pulls into a fast food oarking lot to hop out and grab Mike a late night snack.
As soon as the car is parked properly in a spot and is turned off, 4 cars full of police officers swarn Mike and his wife...both still seated in their car. Mind you....they were never pulled over. They pulled into a fast food place of their own accord. One officer somehow knows Mike by name and calls him by his name...demanding his ID. Mike, stating that he has comitted no crime, refuses to produce his ID. The officer then tells Mike he is under arrest for public intox. Mike again informs the officer that a) the officer hasn't conducted any test and has no proof that Mike is in fact intoxicated and b) Mike is sitting in his own car, not out and about in public.
Mime is then ordered out of the vehicle under the premise that the police are " conducting an investigation". Mike again refuses to step out of the vehicle because he won't walk into a pu lic intox charge.
At this time an officer reaches in Mikes window to unlock his door. Knowing that the law allows justified physical force to be used to fight an unlawful arrest, Mike pushed the officers hand away. This occured twice.
The two officers stepped back. Whispered to each other, stepped back towards the car and immediately, without warning, tasered Mike. Immediately Mike and his wife began yelling about Mikes heart condition. The officers were both telling to get out of the car an md for Mike to put his hands up. Neither offer attempted to open the door. Mikes's wife had to reach across him, getting a secondary tasing, and open the door.
After being handcuffed, the initial officer made some very vulgar, personal remarks about Mikes weight and asked "How do you like me now?"
After being placed in the patrol car Mike began feeling chest pains and severely dizzy and short of breath. The officer was asked 3 times to please call the EMT's. All 3 requests for medical personnel were denied.
Mike was transported to jail and charged with:
Felony assault on a police officer
Felony resisting arrest with violence
Disorderly conduct
No publc intox. And was released/ bonded out 2 hours later. He was not even held the manditory time for people who have been supposedly drinking.
What say you...is Mike in trouble or does he have enough to pursue a lawsuit for violation of his civil rights amongst other things?
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