Can I Sue for a False Positive Drug Test?




Title: Can I Sue for a False Positive Drug Test? | Nebraska Interstate Drug Defense
Description: If a person is subject to a traffic stop and detention and full-blown search of the vehicle and no contraband or narcotics are discovered, and thus no charges are filed, the next question that the person usually has is can I bring a lawsuit against the law enforcement or the county for the improper detention or unlawful search of my vehicle?
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If a person is subject to a traffic stop and detention and full-blown search of the vehicle and no contraband or narcotics are discovered, and thus no charges are filed, the next question that the person usually has is can I bring a lawsuit against the law enforcement or the county for the improper detention or unlawful search of my vehicle? The answer to that question is not an easy one to give, because it’s wholly dependent on the circumstances or the unique facts relative to that particular stop and search.

If the officer is found to be acting in good faith and it turned out that he or she was just wrong, than it’s difficult to file a lawsuit and recover any money damages from the officer or the county for the detention. The courts most likely would defer to the officer’s training and experience in detaining the individual. They would also look to determine what if any damages the individual suffered by being detained on the side of the road.

It would be difficult to establish that an unlawful detention on the side of the road for even a half hour or 45 minutes would cause any damages or any suffering on the part of the driver. It may delay the person in their travel, but as far as an actual money damages incurred by that person, that’s a difficult burden to overcome.