Unwarranted Detention

[Law1]

Hi, I was recently detained because of clear ineptitude and was accused of theft. I was even searched for weapons and all of my bags were searched. All of this because I was retrieving my bags from a campus locker and they assumed that I was stealing my own bags. It was very uncomfortable being detained in the middle of a street and being treated as if I was going to shoot them at any moment. This was obviously all false, but I spent 1/2 hour having to deal with campus security. This was completely pure stupidity and even malicious intent, so I am wondering if I can sue the individual officers who were involved in the incident.
Thanks.

 

[quincy]

Hi, I was recently detained because of clear ineptitude and was accused of theft. I was even searched for weapons and all of my bags were searched. All of this because I was retrieving my bags from a campus locker and they assumed that I was stealing my own bags. It was very uncomfortable being detained in the middle of a street and being treated as if I was going to shoot them at any moment. This was obviously all false, but I spent 1/2 hour having to deal with campus security. This was completely pure stupidity and even malicious intent, so I am wondering if I can sue the individual officers who were involved in the incident.
Thanks.

What is the name of your state, Law1?

 

[CdwJava]

Who detained you? Was it based upon their observations or a complaint made by others?

While the theft allegation may have been wrong, a detention generally only requires that it be REASONABLE (under the circumstances) to believe the person MAY have been committing a crime or up to no good. What the specific legal requirements might be will depend on (a) the state you were in, (b) WHO did the detaining (law enforcement or security - there IS a difference), and, (c) the reason for the detention. Also, if this was on a public school grounds, school staff are granted enhanced authority to conduct detentions and searches in many instances.

Being wrong does not grant you an automatic claim to damages. And, if you are seeking some sort of financial compensation, be prepared to articulate and provide proof of how you have been damaged by the incident and how money will make you whole.

 

[Law1]

This would be in California.

 

[Law1]

Who detained you? Was it based upon their observations or a complaint made by others?

While the theft allegation may have been wrong, a detention generally only requires that it be REASONABLE (under the circumstances) to believe the person MAY have been committing a crime or up to no good. What the specific legal requirements might be will depend on (a) the state you were in, (b) WHO did the detaining (law enforcement or security - there IS a difference), and, (c) the reason for the detention. Also, if this was on a public school grounds, school staff are granted enhanced authority to conduct detentions and searches in many instances.

Being wrong does not grant you an automatic claim to damages. And, if you are seeking some sort of financial compensation, be prepared to articulate and provide proof of how you have been damaged by the incident and how money will make you whole.

This is in California. It's a private university, not a public one, so they were not police officers although I believe they have an agreement with the local police which grants them arresting authority. My main question is if they had a right to pat me down. They have caused me emotional and psychological distress as a result of the incident and furthermore I no longer feel safe on campus, so they have completely ruined my experience and perception of the school.

 

[eerelations]

Why do you think they did this.

 

[CdwJava]

This is in California. It's a private university, not a public one, so they were not police officers although I believe they have an agreement with the local police which grants them arresting authority.

That depends on the university. If you want to tell me which university, I can tell you which standard the security personnel are held to.

My main question is if they had a right to pat me down.

If you mean, did they have a right to check a person they detained for weapons? Then, the answer would almost certainly be, yes. If they are private individuals, the same 4th Amendment protections do not apply to them, and if they are sworn officers they can do so with minimal justification. Diving into pockets and other items you have in your possession (purses, handbags, etc.) may be a different story. But, again, if they are PRIVATE security, then the same rules for protections from the 4th Amendment will not apply. And even an officer will at the very least separate you from your bag. And, if you are suspected of theft, a sworn officer searching your pockets may be justified even by on officer under the circumstances.

They have caused me emotional and psychological distress as a result of the incident and furthermore I no longer feel safe on campus, so they have completely ruined my experience and perception of the school.

That's sad, but how much damage has this caused you? What are you therapy bills? How many classes have you dropped out of because you are afraid to set foot on campus and how much did those missed classes cost you? Simply saying that your school experience is ruined is hardly enough to justify a claim against the school. And, if they had reasonable suspicion for the detention and probable cause for the search (both of which are likely) then any claim you have is going out the door.

If you believe you have a legitimate claim, run it past some attorneys. If they do cartwheels and start planning their next trip to Hawaii and agree to take the matter on contingency, you have a winner. If they nod politely, say you have a good case, and ask for $20,000 or more up front, walk away.

 

[anteater]

They have caused me emotional and psychological distress as a result of the incident and furthermore I no longer feel safe on campus, so they have completely ruined my experience and perception of the school.

Bwahahahaha!

 

[Law1]

That depends on the university. If you want to tell me which university, I can tell you which standard the security personnel are held to.


If you mean, did they have a right to check a person they detained for weapons? Then, the answer would almost certainly be, yes. If they are private individuals, the same 4th Amendment protections do not apply to them, and if they are sworn officers they can do so with minimal justification. Diving into pockets and other items you have in your possession (purses, handbags, etc.) may be a different story. But, again, if they are PRIVATE security, then the same rules for protections from the 4th Amendment will not apply. And even an officer will at the very least separate you from your bag. And, if you are suspected of theft, a sworn officer searching your pockets may be justified even by on officer under the circumstances.


That's sad, but how much damage has this caused you? What are you therapy bills? How many classes have you dropped out of because you are afraid to set foot on campus and how much did those missed classes cost you? Simply saying that your school experience is ruined is hardly enough to justify a claim against the school. And, if they had reasonable suspicion for the detention and probable cause for the search (both of which are likely) then any claim you have is going out the door.

If you believe you have a legitimate claim, run it past some attorneys. If they do cartwheels and start planning their next trip to Hawaii and agree to take the matter on contingency, you have a winner. If they nod politely, say you have a good case, and ask for $20,000 or more up front, walk away.

Thanks so much for your good advice, I really appreciate it. That's what I figured, but I'll run it through a couple lawyers nonetheless as you suggested. I'm not even sure yet if I am going to take legal action, I just want to weigh my options in case administration does not respond satisfactorily to my complaint.

 

[Law1]

Why do you think they did this.

Because of racial profiling and discrimination.

 

[Alex1176]

Because of racial profiling and discrimination.

Bwahahahaha! (c)

 

[HighwayMan]

You're telling us very little of the story that resulted in your detention. For instance, who reported the theft?

 

[CdwJava]

Because of racial profiling and discrimination.

Absent PROOF this claim will get you absolutely nowhere.

 

[Law1]

You're telling us very little of the story that resulted in your detention. For instance, who reported the theft?

This is what I'm in the process of finding out because security refused to tell me. But from what I've gathered so far someone monitoring surveillance videos alerted them supposedly because I went in with one bag and came out with an additional large bag. However, if he was watching surveillance and making assumptions based off that then was he blind or stupid or both to not see that I went to my locker, opened my lock with the combination, calmly arranged them and checked my texts and emails, and then calmly walked out?

 

[Law1]

Absent PROOF this claim will get you absolutely nowhere.

What would constitute good proof? I had thought the same thing that you're mentioning, but what would constitute good proof?