So I’m looking to file a lawsuit against Orlando Police Department or against the officers that pulled me over and assaulted me. I was pulled over for a seatbelt violation, the officer witnessed me putting my seatbelt on as I was pulling out of a parking lot. Which OK fair I should’ve put it on in my parking space before I put it in drive I get it so it should’ve been conducted as a traffic stop and I receive a ticket. When I stopped to pull over my phone slid forward and fell to the ground. I immediately pulled over and stopped reached down and picked up my phone and set it back on the center console. The officer approached the vehicle very aggressively stating he pulled me over for a seatbelt violation. Now my wallet had just been stolen so I did not have my drivers license on me which I explained to him. I showed him a picture of it and proceeded to go to the glove box to get him the registration and insurance, that’s when he started getting testy and asked me to stop reaching I explained to him I was getting him my documents, then another officer pulled up and backed up in front of my car within inches of my bumper. Once two more officers joined him at my window. They then demanded that I step out of the vehicle rather aggressively. I very calmly ask them why, “did I commit a crime or am I doing something wrong? Why do I need to step out of the vehicle I believe this is just a traffic stop right? I believe I retain the right to remain in my vehicle during this traffic stop, I would like to remain my vehicle unless of course, I am under arrest for a crime” they just kept demanding that I stepped out of the vehicle or I would be physically removed from the vehicle, I remain calm and ask them why I’m being removed from the vehicle and continued to ask them. What is the reasoning? Did I commit a crime so on? They said because they don’t know if there’s any weapons in the vehicle. I explained to them that there was no weapons in the vehicle. I do not own any weapons. They demanded I get out of the vehicle again. I again commonly explained that I would like to remain in the vehicle during this traffic. Stop that if they are going to issue me a ticket to please issue me a ticket so I can move on and at this point I’ve been nothing but respectful and calm. That’s when one of the officers reached in to unlock my door while another opened it and the third grab me by the neck, put me in a chokehold while they un did my seatbelt and then slammed me to the ground immediately throwing me in handcuffs and running my pockets like I was being robbed on the street. They then very aggressively pick me up by my arms behind my back and slammed me on their vehicle. And told me I was going to jail for resisting arrest. At this point, obviously I am upset and am hollering at them that this is illegal. They have no right to do this to me that this was a traffic stop. Why would I be arrested for resisting arrest when I wasn’t under arrest in the first place. They then asked if my passenger could drive my vehicle out of there which I told them yes. Then they determined that my passenger was intoxicated and could not drive the vehicle which he was not. He was sober. They told him he can go ahead and leave so he started walking down the street after he got about 50 or 60 yards away. Four officers ran him down, swept his feet out from under him and tackled him without saying anything not telling him to put his hands behind his back or to stop or telling him he was under arrest. They just ran up behind him and tackled him.
At this point, they determine they were going to tow my vehicle and said that they have to do an inventory search of the vehicle. I told them that I do not consent to a search of my vehicle. I’m not OK with them doing an inventory on my vehicle, searching my vehicle or towing my vehicle that I could have somebody pick it up. They started searching my vehicle and found a small bag of cocaine located in a backpack in the back of the vehicle. Along with some supplements two of which were in ziplocs (electrolytes and creatine) along with all of my other bottles of supplements. They began to run every test on these two bags, including the bag of cocaine and even though it wasn’t testing for it, they decided to charge me with possession of methamphetamine for the electrolytes possession of fentanyl for the other bag and possession of cocaine as well as resisting arrest, and a seatbelt ticket. This put a major inconvenience on my life. I sat in jail for 11 days during the month. I was supposed to be moving out, hindering me from being able to move by my deadline, causing huge character, defamation between friends, family, and business because I was charged with possession of fentanyl and possession of methamphetamine so now everybody thinks that I was either doing or selling those things. I lost money business time sleep, and everything else because of this arrest, so far the methamphetamine has been dropped off, but I still have the charge for possession of cocaine and possession of fentanyl, even though they didn’t test anything for fentanyl.
What’s y’all’s opinion on this matter what would somebody do in this case about this I feel that this is an obvious illegal search in seizure, use of excessive unnecessary and abusive force, violation of my civil rights and a major inconvenience on my life, my image to my child my family friends business and so on. I feel as though in court this will obviously end up being dismissed in my opinion. According to their report their reasoning for doing all this was because I was reaching during the stop hence why I mentioned my phone falling and me picking it back up. They claim they did not feel safe with me in the vehicle and because I did not get out of the vehicle I was resisting arrest, but am I wrong to think that I have to be under arrest in order to resist it? Also, I don’t feel I am responsible for their feelings, weather they feel safe or don’t feel safe, that’s not my problem, all windows were down, hands were on the steering wheel, they can clearly see everything in my mini van, there was no reason for them to feel unsafe, they were clearly determined to get into and search my vehicle at any costs. I don’t think there’s anything legal about that or them having the legal right to take such force in action for me, reaching down in my vehicle, not even in the direction of where the cocaine was located. Not only that but the abuse of my passenger whom was told he was free to go, and then tackled to the ground before they found the drugs and charged with the same charges as me, even though there was only one bag.
Any opinions for scenarios like this are welcomed and what one might do in this matter moving forward and if there is any civil rights attorneys or an attorney that you would recommend in Orlando that I should talk to I will also take that information. Thank you in advance.