arrested on hearsay ?

[good2go]

What is the name of your state?CA

My friend pulls into a bus station. We get out to enter but it’s closed. Then a police officer pulls up, stays in vehicle were standing there watching her watch us till more back up arrives

After the name calling, threaten, plain harassment to us. We are told we are under arrest for robbing someone. The whole time I am calm and polite, not letting them piss me off with their slander. Now my buddy is another story not taking lightly to the "ill kick your ass threats you idiots" we were receiving

They search me and find MY money in my pocket
They ask if I can tell them how much I have and what kind of bills
I tell them 100 in 20 dollar bills
It shouldet be illegal to carry money I also have a bank statement showing I pulled out a hundred

The driver was moving and had all his belongings in back of his car. Unless they think we stole all of that. Now were talking about cloths videos documents and such. THAT would have to be a very strong bum with deep pockets to carry all that.
His car is out of impound and nothing was collected as evidence. Just my money

I am on bail and have only had my arraignment so far.
My friend has proceeded onto his pre trial, where they dropped charges and refilled. Now he has to start over

Is the DA making things hard because of his mouth during the arrest?
I mean they cant have a case... we didn’t rob anyone!

No evidence No witness, the accuser I think was homeless so who know where he’s at

Now can we get arrested because someone out of the blue tells an officer we robbed him. Taking his word over ours

ALSO who can I sue over a matter like this.

[snostar]

Originally posted by good2go
Now can we get arrested because someone out of the blue tells an officer we robbed him. Taking his word over ours

Yes, whether or not you are convicted of the crime will be up to the judge. And are you seriously considering sueing over $100??

[good2go]

Originally posted by snostar
And are you seriously considering sueing over $100??

Not over 100$
Bail,loss of work, stress, ect..is well over a hundred

[JETX]

"Now can we get arrested because someone out of the blue tells an officer we robbed him. Taking his word over ours"
*** Yep. Done all the time. The victim files a complaint with the police. If they are lucky, they find the person who fits the description (or circumstances) and arrest him/her. You happen to have been the 'one' this time.

"ALSO who can I sue over a matter like this."
*** You can't sue anyone.

[Bravo8]

Your title is flawed, by the way. It's not hearsay. Hearsay would be if the bum's friend told the police that the bum told him (the friend) that the bum was robbed.

[good2go]

Originally posted by Bravo8
Your title is flawed,

I figured it was but forgot to change it after typing the body

thanks for the replies

[good2go]

update

finally case dismissed
time to figure out how to file lawsuit

im three for three on my last arrests
droped charges
dismissed
dismissed

im getting good at this

[CdwJava]

Originally Posted by good2go

update

finally case dismissed
time to figure out how to file lawsuit

im three for three on my last arrests
droped charges
dismissed
dismissed

im getting good at this

Lucky for you. Perhaps you had better change your circle of friends, attitude, or extra curricular activity.

And good luck on the lawsuit. The arrest was likely based on probable cause and was therefore lawful. No charges being filed - or even an "not guilty" verdict do NOT equate to a lack of probable cause to make an arrest.

I suppose you could file a lawsuit against the bum if you can prove he pointed you out maliciously. But its doubtful you have any cause of action against the police for arresting you based on the probable cause to believe that you had committed a felony.

If your attorney asks for cash up front - that's a bad sign for likely success of the lawsuit. Keep that in mind.

Carl

[good2go]

thanks for the advice

the thing is i dont think the guy said i robbed him. and if he did i dout hell take the stand and admit to
he wasent a homeless he was a drugie/drugdealer

found out hes been convicted of lieing to police and i can prove he was lieing again if he did say that.

The police do things they shouldent too.Especially when they figure you for a criminal who will just take a plea.
ethnic profileing cop playing judge what ever the word is im looking for im sure its obvious what i mean

im getting tired of it and am really considering a lawsuit to get my point across

thanks for lisening to my ranting and please excuse my spelling/grammar

[CdwJava]

Originally Posted by good2go

thanks for the advice

the thing is i dont think the guy said i robbed him. and if he did i dout hell take the stand and admit to
he wasent a homeless he was a drugie/drugdealer

found out hes been convicted of lieing to police and i can prove he was lieing again if he did say that.

Then it sound slike your lawsuit is against the guy who made the complaint - not the police.

If you call and report that someone just robbed you and you give me a description, and then I detain or arrest someone with that description and you say he's the guy, then I am in the clear. The arrest is good and was based on good probable cause.

Originally Posted by good2go

The police do things they shouldent too.Especially when they figure you for a criminal who will just take a plea.
ethnic profileing cop playing judge what ever the word is im looking for im sure its obvious what i mean

The police don't file charges, so whether you will take a plea or not doesn't enter into the equation on the street. if you match the description of the felony suspect they are seeking, they will detain you. If the pieces match and they have sufficient cause to arrest you, they will ... and sometimes must.

Originally Posted by good2go

im getting tired of it and am really considering a lawsuit to get my point across

That may be an expensive point to make. Not all these lawsuits have money attached to them. Therefore, attorneys often demand money up front. If so, then you likely have a dog of a case.

Carl