Tort Compensation from Police ?

[santacruznabs]

What is the name of your state? California

The police pulled-over my car randomly, found that i didn't have a license and then impounded my car for 30 days. Last month the Court found that regardless of what the Police found out about my license history, the Police didn't have the right to pull me over "randomly" when properly registered. The judge dismissed the case accordingly.

Is it possible to file claims against the respective police station?

Can Tort compensation come from the Police Department? If so, usually how much and what reasons? (impound costs? Loss of 30-days vehicle usage? rental-car fees? Lost wages? etc...? )

thanks

 

[You Are Guilty]

Were you arrested incident to the impound?

 

[santacruznabs]

I was not arrested. But some would argue it might have been a better alternative. After the police searched my vehicle and body, they towed the car.
I was stranded about 5 miles away from the nearest phone/bus station at 1am, in which I had to walk with 2 modest size bags and then sleep/wait (can one really sleep in the cold?) at the bus station until the first morning bus at 7am. After 7, it took me another 3 hours using public transportation to get to my home and show up late to work.

 

[esq2B]

Long Shot

Compensation sounds like a long shot, but if you do proceed you need to file a complaint with the City first because of soverign immunity you cannot sue the police (i.e. the city) without first filiing a complaint with the city and asking for compensation. There is a 6 month statute of limitations for this. If they deny you, you can then sue.

 

[Florid-aise]

Car get towed away? Based on government actor or agent actions? Leaving you on the roadside? Dismissed case based on no probable cause for the initial stop?

Sounds like a "seizure" to me. Arrest or not.

P.S. When you get your high falutin - big league attorney. Speak just briefly to him/her about your officer's "duty of care" - when leaving you out in the cold, stranded. Your attorney will be paying close attention to your tale.