Can I sue the police department for unlawful detention? 1 Answers as of May 04, 2017

About a month ago, I was arrested for spousal abuse and placed under custody. Now I’m not going to lie, my girlfriend and I got into it. Even though she was the one who hit me first and most, I was the one arrested. No problem, I get it. I was the dominant aggressor. I was not married nor did I reside in the same residence as my girlfriend so why was I being arrested under the spousal abuse? Moreover, I believe the arresting officer was only trying to make his quota because he had arrested my girlfriend earlier that evening on drug paraphernalia when he found a meth pipe in her purse. When he arrested me, he referenced the meth pipe again and now stated that he believed I had placed the pipe there. He was also very unprofessional. When I asked him why, he had pulled me over in the first place, he lied to me and said that he had witnessed me blocking traffic which was impossible because he had made a u turn to pull me over. I had been parked. After two days, I was released because I was a DA reject. Then I received a letter from the police stating and signed that I had been placed under custody but not arrested.

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The term "Spousal Abuse" is a misnomer which covers a lot of different situations, including a boyfriend/girlfriend relationship. If you feel that your rights were violated then I suggest that you contact an experienced civil rights attorney for a face-to-face consultation and give him/her all of the facts surrounding your arrest. (S)he would then be in a better position to analyze your situation and advise you of your options. Legal disclaimer: The answer provided is general in nature and because not all facts are known, it should not be construed as legal advice. The answer does not create an attorney/client relationship. You should speak to an attorney for further information.
Answer Applies to: California
Replied: 5/4/2017
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