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Falsly arrested

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JadaLynn

Junior Member
What is the name of your state (only U.S. law)? VA

Hello from VA
A few weeks ago, I was at home with my family, when I heard a loud knock at my door. 2 Police officers asked if Jane Doe was home and I said I am the person and they said, we have a warrant for your arrest. I was in utter shock! They said I was a fugitive wanted for Grand theft, forgery, failure to appear, etc... I was HORRIFIED, as I did not have a clue as to what was going on. I cant begin to tell you how scared I was. I literally thought I was going to faint. I was handcuffed and taken out of my home with 2 cars out front. I was crying and telling them they had made a horrible mistake that I did not do anything wrong. I was then taken to a gas station where I was picked up by an officer from a neighboring county, where the crime was committed. I was having chest pains,as I have a heart condition and they kept telling me to take deep breaths, I thought I was going to die. The other officer had more information as I was begging him to tell me what I had done. He asked me if I lived in a trailer park before and I said no, never ever, I have lived at my present address for 15 yrs. I again was crying and told him that there was a mistake. I then over heard the officer on the cell phone talking to another person and I could hear him saying, I think this is the wrong person. I heard my name on the scanner as well. When I walked in the police station, the detective stood up and said, oh, thats not her! I was just bawling my eyes out, demanding an explanation. i discovered, I was a victim of identity theft. Some woman, used my information when she was arrested for shop lifting and therefore, when she did not appear in court, they came for me. My question is this, Do they compare finger prints when you are arrested? I was arrested 14 yrs ago, when a lunatic neighbor attacked me and several other neighbors (Yes, what luck I have). Would the police officers not see that we are not the same person? They also had a picture of her, and they did not send it with the police officers that arrested me. They also KNEW that she had stolen identity before to MANY and she just got out of prison. I have been so mentally distraught since this happened to me. I feel afraid to be alone, I see a police officer, I just feel afraid I just feel that there was more this office could have done before he did this to me. I am a 46 yr old mother and live a simple, clean life... I have found out more about this trash than the police know from my own snooping around, I live in a small town. She is still at large, which scares me. Dont know her, never saw her in my life. Also, I was just more or less told, We are sorry, you can leave. He never offered me any documents, etc. It wasn't until the next day, that I regained some of my senses, and began the process of calling and reporting my theft to credit card people etc, and realized I was not offered any police report, etc. I had to call for that, my name was also listed under court records, that I had 4 felonies and was a wanted fugitive, I finally got that taken off. He had sent in the papers to the court, but the clerk forgot to file them. It may not seem like a big deal, but in my small town, people live to read these things.
 
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CdwJava

Senior Member
My question is this, Do they compare finger prints when you are arrested? I was arrested 14 yrs ago, when a lunatic neighbor attacked me and several other neighbors (Yes, what luck I have). Would the police officers not see that we are not the same person?
The arresting officers are neither required nor qualified to compare fingerprints from an arrest that may have occurred years earlier.

They also had a picture of her, and they did not send it with the police officers that arrested me.
Again, not required. It would have been helpful, but not required.

She is still at large, which scares me. Dont know her, never saw her in my life.
Then how did she get your name? How as your identity stolen by her? Did she use both your name AND your birthdate? Some other identifying information?

It wasn't until the next day, that I regained some of my senses, and began the process of calling and reporting my theft to credit card people etc, and realized I was not offered any police report, etc.
When were these stolen and why hadn't you reported them stolen before this happened?

I had to call for that, my name was also listed under court records, that I had 4 felonies and was a wanted fugitive, I finally got that taken off. He had sent in the papers to the court, but the clerk forgot to file them. It may not seem like a big deal, but in my small town, people live to read these things.
Quite unnerving and embarrassing, to be sure, but your real cause of action is against the person who did this.

What is it you want to do? Are you asking whether or not you can sue the police? Well, that'd be a tough sell, and you'd have to show that the agency that identified you and charged you with these crimes did so in a manner that was either malicious or somehow reckless (such that the court finds they did not act with due diligence). What the standard might be in your state, i can't say, and you'd have to work with an attorney ... but, it's a long shot.
 

JadaLynn

Junior Member
reply

The arresting officers are neither required nor qualified to compare fingerprints from an arrest that may have occurred years earlier.


Again, not required. It would have been helpful, but not required.


Then how did she get your name? How as your identity stolen by her? Did she use both your name AND your birthdate? Some other identifying information?
Well, that is the million dollar question, no idea how she got my name or information, no purse stolen, etc..... Does anyone with identity theft know?:confused:


When were these stolen and why hadn't you reported them stolen before this happened? I DID NOT know that she had used my id, how was I to know this?? Nothing was stolen from me. I did not know until I was arrested that my id had been used and the next day, I reported it.:eek: I obviously would have reported it..


Quite unnerving and embarrassing, to be sure, but your real cause of action is against the person who did this.

What is it you want to do? Are you asking whether or not you can sue the police? Well, that'd be a tough sell, and you'd have to show that the agency that identified you and charged you with these crimes did so in a manner that was either malicious or somehow reckless (such that the court finds they did not act with due diligence). What the standard might be in your state, i can't say, and you'd have to work with an attorney ... but, it's a long shot.
Yes, that is what I am asking. How can the police just come and drag some innocent person out of their home and I have to suffer from not only the humilation but the affects of thos horrible ordeal for the rest of my life. If you have a picture of one person and are able to pull up a pic of another person, one must be kinda ignorant to see they are not the same person.
 

Ladyback1

Senior Member
Yes, that is what I am asking. How can the police just come and drag some innocent person out of their home and I have to suffer from not only the humilation but the affects of thos horrible ordeal for the rest of my life. If you have a picture of one person and are able to pull up a pic of another person, one must be kinda ignorant to see they are not the same person.
They don't always compare the photos.
There is no photos, usually, attached to an arrest warrant. The arrest warrant usually has a pretty generic description of the person (5'6", brown hair, blue eyes, 125#) And with the exception of height? The other things can be altered. The officers go by name, date of birth(age) and/or social security on the arrest warrant. And we are talking about at least 2 jurisdictions involved.

And please, "the rest of your life", melodramatic much?:rolleyes:
 

CdwJava

Senior Member
Yes, that is what I am asking. How can the police just come and drag some innocent person out of their home and I have to suffer from not only the humilation but the affects of thos horrible ordeal for the rest of my life. If you have a picture of one person and are able to pull up a pic of another person, one must be kinda ignorant to see they are not the same person.
Without knowing what they did and how they did it, I can speculate all over the place about what the police had and what the police did NOT have. Keep in mind that unlike the impression provided on TV, we most often cannot immediately summon up images of people with a keystroke on a computer. Some local computer systems might have that capability when data is entered properly and completely, but for the most part that is the stuff of TV and not real life.

You can certainly start with a complaint to the agency that took the report and then sought the arrest warrant. They can look into the matter and check to see if procedure was followed or not. The agency involved certainly doesn't want to be on the hook for liability that might involved in bad identification, but sometimes they have what they think is good information and it does lead to the arrest of a person NOT the actual suspect. Yours is not the only case of this to ever occur.

If you believe you have a claim against the originating agency (you have NO claim against the arresting agency, FYI) then you can consult an attorney. if the attorney agrees to take the case on contingency, then you may have a viable claim for a few dollars. if they want money up front, then it is - at best - a coin toss, and you may have to pony up $10,000 plus to begin.

I'd start with a complaint and see whether that results in any information coming your way. If the agency has any sense of professionalism, they will want to make sure that they did not drop the ball.
 

JadaLynn

Junior Member
They don't always compare the photos.
There is no photos, usually, attached to an arrest warrant. The arrest warrant usually has a pretty generic description of the person (5'6", brown hair, blue eyes, 125#) And with the exception of height? The other things can be altered. The officers go by name, date of birth(age) and/or social security on the arrest warrant. And we are talking about at least 2 jurisdictions involved.

And please, "the rest of your life", melodramatic much?:rolleyes:
Geesh, how unkind you are. I came here for help, not to be made fun of. If you have never experienced some ordeal like this, you have no idea how it made me feel inside. I was arrested in front of my child and Grandchild who by the way, just lost her home to a fire.. Not an issue, but not easy on my current frame of mind! So it may not be a big deal for you, but to me, who suffers from anxiety attacks and being claustrophobic, it was a big deal to be handcuffed and trapped in the back of a police car!!!! :mad: It was a big deal to be sitting in the floor with my children reading them stories and to be taken out of my home in handcuffs and in my husbands tee shirt. You are not a Psychiatrist, how dare you tell me how I may feel or what I could experience now or in the future!! It may not be a big deal to a police officer to arrest someone, just as it may not be a big deal for a surgeon who is operating on you, but when your on the opposite end, it is a big deal.. Wow, is all I can say, thanks for all the support!
 

CdwJava

Senior Member
Yes, we understand that it was a "big deal" to you. The issue is not so much how it affected you, but what you can do about it. Your options truly are limited.

The agency employing the officers acting on the arrest warrant with your name and address will almost certainly be immune from ANY attempt at a claim or civil suit. You would certainly have a cause of action against anyone who falsely presented themself AS you and got you into this predicament, and you MIGHT have a claim against the reporting agency if they failed to act in a reasonable manner to identify the suspect. But, without knowing how the ID was established it is impossible for us to say whether they acted reasonably or carelessly.

So, as I mentioned, start with a complaint to the original reporting agency and see where that goes. If you feel the need to extract a pound of flesh, consult an attorney with experience suing government entities and law enforcement and see what they have to say about your case.
 

JadaLynn

Junior Member
Yes

Yes, we understand that it was a "big deal" to you. The issue is not so much how it affected you, but what you can do about it. Your options truly are limited.

The agency employing the officers acting on the arrest warrant with your name and address will almost certainly be immune from ANY attempt at a claim or civil suit. You would certainly have a cause of action against anyone who falsely presented themself AS you and got you into this predicament, and you MIGHT have a claim against the reporting agency if they failed to act in a reasonable manner to identify the suspect. But, without knowing how the ID was established it is impossible for us to say whether they acted reasonably or carelessly.

So, as I mentioned, start with a complaint to the original reporting agency and see where that goes. If you feel the need to extract a pound of flesh, consult an attorney with experience suing government entities and law enforcement and see what they have to say about your case.

Extract a pound of flesh? Not following you there? She, the trash that was arrested for stealing used a FAKE id with my name, ss #, address etc back in Jan. She was to appear in court Feb and when she did not come, they came for me. The Police officer told me that she had just got out of jail, has an extensive criminal back ground which includes forgery, fake ID, etc. I looked it myself, its public record, she has pages of criminal behavior in a few states. I do not know who this person is, never heard of her name, never knew a thing about what had happened until I was arrested. Yes, she is the bad one, I know that. Its also scary to think HOW she obtained my information. I feel afraid to open my blinds or anything. I cant help how I feel. I just feel humilated. We own a small business, this is not the type of talk one wants spread around. I also was referring to the person above who more or less said I was being dramamatic. Geesh, sorry I dont know how to feel or have any legal background. That is why I came here, not to be attacked. You all act like its my fault. I am upset, very much. You just dont know how this makes me feel!:confused:
 

CdwJava

Senior Member
Extract a pound of flesh? Not following you there?
What I am asking is what you want out of this? It SOUNDS as if you are testing the waters to see if you have a valid lawsuit against one or both law enforcement agencies involved.

That is why I came here, not to be attacked. You all act like its my fault. I am upset, very much. You just dont know how this makes me feel!
I deal with victims every day, I know what you are going through. The question I am asking is what do YOU want to DO about it?

If this recounting of the events is the extent of your catharsis, glad we could help. But, if there is more to it and you want to know if you can sue someone, then the answer is more complicated (and may not result in an answer you want to hear).

If this incident has gotten you so twisted around, perhaps you should consider seeing a therapist if you are not already seeing one for the anxiety and claustrophobia issues you mentioned.
 

Ladyback1

Senior Member
Geesh, how unkind you are. I came here for help, not to be made fun of. If you have never experienced some ordeal like this, you have no idea how it made me feel inside. I was arrested in front of my child and Grandchild who by the way, just lost her home to a fire.. Not an issue, but not easy on my current frame of mind! So it may not be a big deal for you, but to me, who suffers from anxiety attacks and being claustrophobic, it was a big deal to be handcuffed and trapped in the back of a police car!!!! :mad: It was a big deal to be sitting in the floor with my children reading them stories and to be taken out of my home in handcuffs and in my husbands tee shirt. You are not a Psychiatrist, how dare you tell me how I may feel or what I could experience now or in the future!! It may not be a big deal to a police officer to arrest someone, just as it may not be a big deal for a surgeon who is operating on you, but when your on the opposite end, it is a big deal.. Wow, is all I can say, thanks for all the support!
This not a support forum.

What do you want to happen as a result of this?
Are you looking to sue? Then you will need an attorney
Are you looking to file a complaint against the arresting officers and/or the other jurisdiction that issued the warrant? That's easy enough to do, file a complaint (some jurisdictions even offer online forms)

What are you looking for??

#1) they may not have had a picture to compare (your local officers)
#2) If your arrest from 14 years ago was not a felony, your prints and arrest may not be in a computer database. Thus, all the jurisdictions involved would have had to go into the archives to find the actual paper file
#3) All the jurisdictions were working on the best information they had.
#4) If you aren't already seeking therapy for your anxiety and claustrophobia, now would be a good time to start. Also ask about treatment for histrionic personality issues.
#5) Technically, you sustained no damages from the police departments involved. In fact, they actually did you a favor: You would have never known your identity had been stolen, until such time as all your credit cards were maxed out, your bank account was wiped out, etc.

FWIW--most warrants have a place that allows for listing of "scars, marks, tattoos"--thus my suggestion is get a semi-visible tattoo that can help identify you should this happen again.:) Should someone steal my identity, get arrested and then have a warrant out for their arrest, I can say with 99% certainty that when/if the cops show up at my door? I can show them my tattoos as a means to prove I am not who they are looking for!
 

CdwJava

Senior Member
FWIW--most warrants have a place that allows for listing of "scars, marks, tattoos"--thus my suggestion is get a semi-visible tattoo that can help identify you should this happen again.:) Should someone steal my identity, get arrested and then have a warrant out for their arrest, I can say with 99% certainty that when/if the cops show up at my door? I can show them my tattoos as a means to prove I am not who they are looking for!
Well ... since tattoos can be added later, or overlooked at booking, that's not all too telling. Now, if there is an indication of a dragon tattoo on your neck and there is NO tattoo, THAT - coupled with protestations of an error - might be enough to convince the arresting officers to make further inquiry. But, the presence of a tattoo when none were mentioned is not likely to get anyone making further inquiry.
 

Ladyback1

Senior Member
Well ... since tattoos can be added later, or overlooked at booking, that's not all too telling. Now, if there is an indication of a dragon tattoo on your neck and there is NO tattoo, THAT - coupled with protestations of an error - might be enough to convince the arresting officers to make further inquiry. But, the presence of a tattoo when none were mentioned is not likely to get anyone making further inquiry.
Fair enough:)

I've always joked that my tattoos is how they can ID my body if ever I'm a victim of violent crime or a serial killer (I have 7 and all but 2 are custom pieces, not "flash".)
 

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