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Arrested and falsely accused...

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Greeneyes1003

Guest
What is the name of your state? Fl

A friend of mine- I am just going off the top of my head but I have all of the exact dates written down. In June 2001 he was arrested after several time a police officer coming to his job while it wasn't his shift. He willing contacted the officer several times knowing he was looking for him to ask some question about a case. ( he left a note stating this ) Finally they met up and was arrested on the spot. I belive the officer read him the rights and said he had a warrent out for his arrest. He was booked and was there for several hours and bailed out. While there he says he heard officers asking if they had it yet? He assumed they ment the arrest warrent. He didn't get to see if for a while. The "reason" for arrest. About a month earlier a woman said she was a beach in town and a man was the and exposed himself. She didn't report it for a few days and then she only reported it because she was pulled over for a headlight out or something like that and sounds like to not get a ticket she told the cop about what happened a few dayes earlier. She didn't fill out a report but then the officer presued her too, going to her job with the papers for her to fill out. She discribed the guy as mid 20's , spanish, and mustach. So the cop brings 6 pics in - 4 of which don't come close the the describtion so he has a 50/50 chance she sais it was him. For several months and months court dates happened and finally went to trial...My friend won. Before the end the cop said he had all this evenince....His car was seen there, new white camaro, the car he mention wasn't being driven because no insurance, out of date registration,etc... It was parked at a friends house for several months before this
happened. Then he said it was his other camero old red, which because of the car and the beach area couldn't be driven there cuz the car was too low. And to top it off my friend was a work and time cards to prove and his manager and employees at witnessed. But the whole car thing was I belive a lie- since it was never brought up in trial.
Now- Is he able to sue anyone?
He missed alot of work and his name was published in the paper about this arrest, and paid for a lawyer.
We live in a small town and I belive some cops are good and others are just out the ones they dont like. ( i.e. Hispanic )
 


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finally legal

Guest
he most likley can't sue, and what would be his grounds for suing ? there was a complant made and he was arrested and had his day in court where he won then he should be happy the system worked in his favor. i do understand that he's unhappy with having his name in the paper and the whole town knowing that he was a suspected ''pervert'' but he proved he wasn't so tell him to take an ad out in the paper and declare his innocence other than that unless he can prove that the whole case was racially motivated then theres not much he can do
 
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plifter

Guest
Isn't there something called "malicous prosecution" where you are prosecuted for a crime even though there is no real evidence against you?
 

Rochelle

Member
I'm trying to sort out your post. Ok, how did reporting the guy exposing himself help get her out of a ticket? The two are in no way related.

The officers, acting on a complaint, and with a supposed witness who I am assuming by what you posted pointed him out from pictures (?), were acting in good faith. They can not presume or assume; if they have a warrant then they must serve it. The warrants are signed by judges first, so apparently they had enough evidence to convince the judge that a warrant was justified. That is the purpose of the trial...to determine guilt or not.

Who would he like to sue, exactly? The police or the witness?
 
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plifter

Guest
Rochelle said:
I'm trying to sort out your post. Ok, how did reporting the guy exposing himself help get her out of a ticket?
You know damn well if the woman exposed herself to the officer she would get out of that ticket!:D
 
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Greeneyes1003

Guest
OK About the woman telling the officer so she wouldn't get a ticket- It came up at trial that a few days prior she was stoped for a broken tail light and that nigth stopped for the same reason. The first night tichet, The second night told office about what happen = no ticket. And she described the guy as mustach, sapanish light tan, 20's. So the mug shots of 6 men included. 3 white older men, oone black man, my guy friend and another young spanish you. That only left her with two guys to look at.
The whole thing was she wasn't going to presue the sueing on him but the officer did. This thing went on for a year. Then finally went to trial and yes found not guilty.
 

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