police violence?

[redpoe]

I have a court date coming up in october.
It has to do with my jay-walking initially, but the officer who cited me for the offence- i believe has - used unnecessary force.
Then the bastard decided that I was obstructing an investigation, I wont say that I am completly blameless in the situation, But I did,however, use words and not too an excessive extent.
I have a wittness; my brother.
Another police officer.

My question is,"what is the legal definiition and the extent of 'unnecessary force'?"
I had visable brusing.
And my shirt was torn...so i'm fairly certain that it qualifies...especially when i was not resisting the officer.

I need some good advice and referrences too a good public defender.

If some one can please foreward advice, and refferal too my e-mail address, that'd be nice;
spespedeep69@hotmail.com :dgrin :angel

 

[mafioso]

I would say excessive force is using force beyond what is necessary to make someone comply with the law………..If you resisted him and it necessitated force that is okay. But if you were cooperating and he was applying more force that needed, that might be above the line….hard to draw the line. Only the witnesses' testimony and physical evidence would tell if the force was unnecessary and led to him charging you with obstructing an investigation. If you were not cooperating with his preliminary investigation or acting out of place…………He could charge with obstructing justice in a way. Is your court date about charges against you? Or is it a motion you are trying to file against excessive force….motion to suppress? Even if he used excessive force, it does not mean they will ignore your crime if any. Free public defenders are appointed by the court. You can't choose. But If you mean any criminal attorney you are willing to pay, someone would help you…………what state and city; there is a section of this site for references?

 

[CdwJava]

A couple of questions:

What state is this?

What were you cited or arrested for? (Code sections, please)

What did the officer do that you feel was excessive?

Also - If you feel uyou have grounds for a suit for excessive force, it will NOT be in small claims court.


- Carl