Unlawful Arrest?

This is a discussion on Unlawful Arrest? within the Arrests, Searches, Seizures forum, part of the CRIMINAL LAW, ARRESTS, TRAFFIC TICKETS category; Is an arrest considered to be unlawful, if the one & only arresting officer breaks your nose with his gun ...

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Old Mar 28th, 2008, 09:27 PM   #1
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Default Unlawful Arrest?

Is an arrest considered to be unlawful, if the one & only arresting officer breaks your nose with his gun & then your windshield, without reason. I was in shock from wrecking my car, however I had a seatbelt on & was not injured until he showed up, he asked me to get out of the car & I just slapped my dash & said to him , I cant beleive I wrecked my car! 30 seconds later he sat beside me & pulled out his gun. I was charged with careless driving & dui. in 1998 Florida
duval county. Am trying to get back my drivers licence. I looked up 316.1932f.s.
(1)(a) & beleive I may be able to use it in my motions.
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Old Mar 30th, 2008, 05:43 PM   #2
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Default Re: Unlawful Arrest?

[breaks your nose with his gun & then your windshield, without reason.]


...well if you can show that he would be fired and you likely could collect damages...
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Old Mar 30th, 2008, 10:51 PM   #3
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Default Re: Unlawful Arrest?

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Originally Posted by annjd View Post
[breaks your nose with his gun & then your windshield, without reason.]


...well if you can show that he would be fired and you likely could collect damages...
I guess in his mind, he didn't realize I was in shock, but instead thought maybe I was being disrespectful to him by not getting out of my car when he asked me to, therefore he decided to teach me a lesson? I still have the same broke nose by him, broken way high up, and the picture taken of me at booking should show
I had no cuts, bruises, or scratches on my face other than the broke nose. Also I was sitting in the middle of the car & he on the passenger side, all the blood from my nose was on the hump & middle seat of car! Also he broke the windshield high up on drivers side. I have had an x-ray took of my nose. I could probably locate the car & take pictures of where the blood stains are with a witness, & sample of my blood from center of carpet. However this happened in 1998 isn't it too late for damages to be collected due to statute
of limitations, or does it not apply when an officer commits battery? And yes
I would like him to lose his job if he hasn't already so that he doesn't do this to anyone else! I should hunt down my car! Back then I thought it would just be his word against mine, I didn't think about what all evidence I really had.
The story gets crazier at court, I'll post it seperately it's kinda long! Under
Unlawful Arrest the whole story! Probably put it in litigation?
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