Lawsuit against state,violation of fourth amendment?
I was arrested about a year and half ago for DWI, I was able to prove to the court that my fourth amendment rights where violated and the judge agreed with my defense also the DMV reinstated my driving privileges and agreed with the courts,this has been a stressful ordeal that I have been accused of not to mention the financial burden with legal fees 17k to prove my rights where violated,so my? Do I have any legal recourse to recover any monies I have spent from filing suit against California highway patrols office or a personal lawsuit against the officer?
Lawrence is correct, as long as the officer was acting within the scope of his authority(it sounds like it) and as long as he wasn’t doing anything illegal(beating you up, damaging your vehicle, etc), then the principle of sovereign immunity is valid and you would not be able to sue for pain and suffering.
If you could convince a judge that he was acting outside the scope of his authority, then he MAY allow a lawsuit to be brought to court where you would then have to prove your case to a jury.
whale
East Bay Criminal Law Attorney – Fremont DUI/DWI Defense Lawyer