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Wrongly Accused/Arrested

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seanrigby

Junior Member
What is the name of your state? New Jersey

Sorry if this will be a long post, but want to state all the facts...

I was driving to work this morning, stopped at a stop light.

A police officer was headed the opposite direction, basically staring at me, and immediately turned around, and pulled me over.

He came up to the vehicle, standing towards my back left, and told me to place both hands on the vehicle, which I immediately did.

He then asked for my drivers' license, registration, and insurance card, which I gave him. I then asked him what I did wrong, and he basically didn't tell me.

At this time, 2 other police cars came up, as back up.

In a matter of minutes, he asked me to step out of the car, and walked me back to the back of the car. He then asked me to place my hands behind my back, and hand cuffed me. I again asked him what I did wrong, and he didn't tell me.

He searched my pockets and asked me if I had anything in them. I basically stated my cell phone, which he removed.

He then said for me to wait one minute, because his Sergeant was coming, and wanted to talk to me.

The Sergeant pulled up in his car, and came out. They walked me back to him, and he mumbled something, which I didn't understand what he said, so I asked him what he said, and he rudely told me that he wasn't talking to me.

They then placed me in the back of one of their vehicles, still hand cuffed.

They then searched my car, and soon the dispatcher radioed over to them, and asked if my vehicle had a broken sun roof. He walked over to the vehicle, and radioed to her and told her negetive, that I did not have a sunroof on this vehicle, which should tell them that more than likely that this car isn't the right car for whatever it was that I supposably did.

They then came back and opened the car door, and told me that there was a green toyota camary which fits the description of my car, driven by a white male, supposably 6' tall, wearing a grey shirt, which I am 6'1" and had somewhat a grey t-shirt on, was in an accident. He then told me that in a few minutes, a police officer from the next town over was going to come talk to me, and then he shut the car door.

Soon the police officer from the next town over came up to the car, and opened it up, and said that they are going to take me for a line-up. He then asked me if I had anything to say before we went. I told him that I didn't think I should be hand cuffed because I didn't do anything wrong. He basically didn't listen, which I figured he wouldn't.

The police officer which basically originally hand cuffed me got back in the vehicle, and we started driving to the next town over. He basically said that there were too many similarities for them not to check things out.

So we get to the next town, and thinking that I was going to the police station, but we turned into a gas station.

I stayed in the car, and the police officer got out, to talk to the man who was pumping gas, who basically works at the gas station.

After a few minutes, the man who was pumping gas came over to the car, and starred at me, as I looked directly at him, so he would realize that whoever he was accusing, wasn't me. After about 2-3 minutes, he attempted to open the car door, assuming to look closer. The police officers stopped him, and he looked a little more.

He then told them that I was the person he was accusing.

After a couple minutes, they opened the car door, and asked me to step out. I did, still hand cuffed, and they asked him to look again.

He looked for about 15-20 more seconds, and then he basically told them that I wasn't the guy that he was accusing.

The police officer told me that I could sit back in the car, and that they would bring me back to my car. I asked him if I could be uncuffed, and after being hesitant, they decided to uncuff me.

I sat in the back again, and he took me back to my car. He appolgized and I basically told him that I understood...but the more I thought about it, and by the time I got back to my car, I wasn't very happy about it. Reason being is because I was wrongly accused, arrested (without reading me any rights), and basically about 99% chance of being positively identified, which would of then made a much bigger mess. And their line up was not at the police station, with a few other individuals for the accuser to choose from. It was basically just myself, brought to the scene of the crime, hand cuffed, and asking the accuser if I was the person, when at first he said was.

I later called the police department, and talked to their Supervisor, and asked him why I was basically arrested for something that I didn't do. He said that a gentleman came to that gas station, who fit your description, and vehicle, and took a lot of cash out of the gas station attendents hands, and jumped back in the car, and headed the same direction that I was headed.

I work in the nuclear field, in nuclear plants. Due to this, they do background checks, and I was about 1% away of losing my job, and career, due to this mistake, and besides the fact that it didn't help my treated high blood pressure.

Can you please tell me if everything was done correctly by the police, and if anything can be done about almost ruining my career and such, from a huge mistake?

Thank you.
 
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tranquility

Senior Member
I think you were falsely arrested and your civil rights were violated. What are your damages?

I think the police had reasonable suspicion to stop you based on the description. That gives them the right to do a reasonable investigation. I could make a case they did not have probable cause to search your vehicle, but that will be a question of fact and you may not have a cause of action as yet.

You may or may not have been arrested when you where handcuffed and put into the vehicle if the police can make a good explaination as to why it was necessary. However, when they drove you to the next town you were clearly arrested. Driving a person to another town to do a show up is bad form and is well past a reasonable investigation. This is especially true when they have an updated description of the car where it does not fit yours along with a possibly illegal search where nothing was found. Being arrested without probable cause is in violation of the 4th amendment.
 
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seanrigby

Junior Member
Thank you

Thank you so much for the explanation. I assume now that I can seek legal council.
Have a nice rest of the week.
 

tranquility

Senior Member
As I asked, what are your damages?

An attorney won't often take the case unless there are substantial damages. (Or, you give him a big bucket of money first.) There is a federal statute 42 U.S.C. 1988 where the winner in a civil rights suit can get attorney's fees paid. But, there are a number of reasons why the attorney still wants to see damages before starting the incredible amount of work which is a civil rights lawsuit.

While I agree seeing an attorney is necessary if you want to sue, this is not going to be a big payday for you. The goal is to make you whole. How much money will do that? (damages)

Now, prove them.
 

garrula lingua

Senior Member
The cops goofed up the 'field show-up'.

The correct procedure would have been to ask you to remain at your vehicle and bring the person (identifier) to you. The witness usually stays in the patrol vehicle and the 'suspect' will stand in clear view.

If that can't be done, they should have ID'd you, released you, and brought a 'six pack' of photos to the witness with your picture within, to see if wit could ID.

You never should have been hand-cuffed; never transported to another location.

But, what ARE the damages ? Too 'speculative' and potential (not actual) to sue.
 

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