Thursday, February 4, 2010

What can I do about a false arrest?

I am a business owner I was walking/running to the bank. I had my jacket on and the bank bag underneath my jacket so no one can see it, and because it was starting to rain.


I saw a police car heading the opposite direction and it was going over the limit, excessive speed so I turn back to see why. Then he hits his brakes and turns around and comes toward me. He turns on his lights and tells me to stop. Then he gets out and asks me why I was running. I tell him it is because it is raining. He asks what is under my jacket. Then when I open my jacket to get the bank bag out, he tells me not to open my jacket. Then he tells me to put my hands behind my back and then he handcuffs me and holds my head down on his hood until another officer comes. Then he took me to my business to where my wife verified me. Obviously there is no crime, but his cuffing me and putting me on the hood of the car is excessive behavior. What can I do about it?What can I do about a false arrest?
The legality of any deprivation of liberty is judged on the information available to the cop, not based on your point of view. Assuming it was unlawful (which is unlikely), then the law provides for civil damages. 42 U.S.C. 1983 allows a federal lawsuit for damages for violation of your civil rights under color of law. As your detention was brief, if you proved the cop acted unlawfully, you could expect a jury to award you damages of somewhere between one dollar and a thousand bucks. Getting that judgment would probably cost you many of thousands, but that was not your question.What can I do about a false arrest?
1. You were not arrested. You were detained.


2. You have no recourse as the officer was performing his duties in a proper and professional manner.


3. As another poster stated, if someone had stolen your bank bag and was running down the street, you would have nothing but praise for the officer.








Get over it.
Absolutely nothing. If someone had stolen your money and was acting the way you were, you'd be praising the officer. Quit trying to create a scenario where there isn't one. He was doing his job. Be thankful there are police in your area who do stuff like this. I'm so sick of you people who get stopped by the cops, do not get arrested and want to sue everyone and their mother.





You WEREN'T falsly arrested.
He just detained you, you were not arrested. They are allowed to do that until they can figure out the situation. Obviously, they can't detain you for too long of a time though
Have a cup of tea and get over it!

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