I currently reside in Michigan and recently experienced an incident involving an unlawful stop and search by a deputy from the sheriff’s department. Despite committing no traffic violations, possessing a legally registered and insured vehicle, and having no outstanding warrants, my girlfriend and I were subjected to an intrusive search.
The incident transpired when we fell asleep in a parking lot and an anonymous caller reported to the police that drug paraphernalia was allegedly visible in our car, with one of us possibly overdosed. By the time the officer arrived, we had already left. However, the officer located and stopped us based solely on the vehicle description provided by the anonymous caller.
Upon pulling us over, the officer immediately removed me from the vehicle without requesting any identifying information or documentation. Subsequently, he conducted a search and found illegal narcotics on both myself and my girlfriend, resulting in multiple felony charges and a 70-day stint in jail.
Despite having a public defender who diligently pursued legal recourse, including filing a motion to suppress due to the illegal stop and search, the case faced numerous delays. On the scheduled motion hearing date, I discovered that the prosecution failed to provide dash cam evidence, and the officer failed to appear in court.
I suspect the officer’s absence was a strategic move to avoid the potential repercussions of an official dismissal due to illegal search and seizure, which could reflect poorly on him and his department, potentially leading to litigation.
Given the recurrent stories of similar incidents in the town where I was arrested, I am contemplating pursuing legal action against the department in civil court for violating my civil rights, resulting in unjust incarceration. Furthermore, during my time in jail, the authorities neglected basic necessities, such as hot water, leading to unsanitary conditions. Additionally, my girlfriend contracted MRSA due to inadequate medical care and hygiene protocols.
Considering these circumstances, I seek guidance on whether I have a viable case for pursuing legal action.