Falsely acused of a crime...Do we have a case?

[cynx22]

What is the name of your state (only U.S. law)? IL

A police officer came to our home and told my father that he was caught on tape following a 14 year old girl into a bathroom at a shopping mall. He was given a disorderly conduct citation and was told to appear in court. He insisted that they got the wrong guy but they wouldn't listen to him. The police officer told him that the only reason he didn't arrest him on the spot was because his record was clean. The officer left and my family was speechless. 30 minutes later the police officer came to our door and apologized saying that the security guard identified the wrong person and that the man in the video wasnt my father. He said that there won't be any record of this charge..

This was an honest mistake, but shouldn't have the police investigated a bit further before making such a huge accusation? Before charging my father with disorderly conduct?

 

[CdwJava]

What do you think he has a case for?

No, he has no case against anyone. The police relied upon a witness statement and ID and issued a citation for the incident (an odd procedure, but, all states handle lesser offenses differently). Further investigation was conducted and he was exonerated - investigation that you believe they should have conducted.

Had he been arrested and paraded before the news media and labeled a sexual deviant, MAYBE there MIGHT be a case. As it is, it appears the police conducted sufficient follow up such that they corrected the misidentification.

There is no lawful right to a complete and thorough investigation of an offense prior to an arrest. A citation is considered to be ab arrest, of a sort. As such, the burden of proof for the issuance of the cite is not as high as might be needed for prosecution in court. There is also no law that requires a competent and thorough investigation at ANY time. The fact that they so quickly discovered the discrepancy is noteworthy.

Dad does not appear to have any case against he police for conducting an adequate followup investigation. But, dad is certainly free to complain to the agency.

 

[latigo]

What is the name of your state (only U.S. law)? IL

A police officer came to our home and told my father that he was caught on tape following a 14 year old girl into a bathroom at a shopping mall. He was given a disorderly conduct citation and was told to appear in court. He insisted that they got the wrong guy but they wouldn't listen to him. The police officer told him that the only reason he didn't arrest him on the spot was because his record was clean. The officer left and my family was speechless. 30 minutes later the police officer came to our door and apologized saying that the security guard identified the wrong person and that the man in the video wasnt my father. He said that there won't be any record of this charge..

This was an honest mistake, but shouldn't have the police investigated a bit further before making such a huge accusation? Before charging my father with disorderly conduct?

Do you have a "legal" question?!

If not, then I suggest that you vent your spleen elsewhere.

 

[quincy]

Do you have a "legal" question?!

If not, then I suggest that you vent your spleen elsewhere.

cynx did have a legal question - and it was addressed quite nicely by CdwJava.

I agree with all CdwJava wrote and I will add only that a report to the police like the one made by the security guard, that (tentatively) identified the father as the individual seen entering the restroom, cannot support a defamation claim if the report to the police was made with honest purpose and with no intent to cause harm.

A police report on its own is not considered true or false. It takes an investigation to determine if what has been reported has any merit. Reports made to the police are privileged, meaning that there is a (qualified or conditional) immunity from a civil action against the person making the report, should what is reported turn out to be false. This immunity from suit is to eliminate any reluctance a person might otherwise have in reporting a crime, a suspected crime, or a suspect in a crime.

Did you have a "legal" answer, latigo? If not, perhaps you might want to vent your spleen elsewhere?