Detained and Handcuffed at Gunpoint by Mistake

[mizzhoward]

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

My husband (age 58), son (age 31) and I (age 54) were detained by the Prince William County police in Virginia after leaving a New Year’s Eve party at a friend’s house. We were stopped, had to get out of the car at gunpoint, handcuffed and put in the back of separate squad cars and held for 1 and ½ hours without being told why until shortly before being released. The police said we matched the description of people involved in a shooting in the neighborhood we drove through. We were not asked any questions or searched or told why we were detained until after a witness was brought by to ID us which was over an hour after being detained. At the end of the encounter, a lieutenant even made a threatening comment. We believe we were harassed and discriminated against. My question is do we have a case for legal action.

 

[Zigner]

The system worked.

 

[Antigone*]

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

My husband (age 58), son (age 31) and I (age 54) were detained by the Prince William County police in Virginia after leaving a New Year’s Eve party at a friend’s house. We were stopped, had to get out of the car at gunpoint, handcuffed and put in the back of separate squad cars and held for 1 and ½ hours without being told why until shortly before being released. The police said we matched the description of people involved in a shooting in the neighborhood we drove through. We were not asked any questions or searched or told why we were detained until after a witness was brought by to ID us which was over an hour after being detained. At the end of the encounter, a lieutenant even made a threatening comment. We believe we were harassed and discriminated against. My question is do we have a case for legal action.

You have no case.

 

[Mass_Shyster]

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

My husband (age 58), son (age 31) and I (age 54) were detained by the Prince William County police in Virginia after leaving a New Year’s Eve party at a friend’s house. We were stopped, had to get out of the car at gunpoint, handcuffed and put in the back of separate squad cars and held for 1 and ½ hours without being told why until shortly before being released. The police said we matched the description of people involved in a shooting in the neighborhood we drove through. We were not asked any questions or searched or told why we were detained until after a witness was brought by to ID us which was over an hour after being detained. At the end of the encounter, a lieutenant even made a threatening comment. We believe we were harassed and discriminated against. My question is do we have a case for legal action.

It sounds like the police had probable cause to detain you. You may want to file a complaint regarding the "threatening comment", I don't see where you would have any standing to sue.

 

[CdwJava]

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

My husband (age 58), son (age 31) and I (age 54) were detained by the Prince William County police in Virginia after leaving a New Year’s Eve party at a friend’s house. We were stopped, had to get out of the car at gunpoint, handcuffed and put in the back of separate squad cars and held for 1 and ½ hours without being told why until shortly before being released. The police said we matched the description of people involved in a shooting in the neighborhood we drove through. We were not asked any questions or searched or told why we were detained until after a witness was brought by to ID us which was over an hour after being detained. At the end of the encounter, a lieutenant even made a threatening comment. We believe we were harassed and discriminated against. My question is do we have a case for legal action.

I don't see a case.

If there was, in fact, a shooting allegation and you matched the description, the detention was valid. When you were not positively ID'd then you were released. As it should be.

 

[tranquility]

You might. But, no one will be able to tell unless they review all the facts and reports. This will be a very fact sensitive issue and will depend on two main issues.

1. Was there reasonable suspicion/probable cause to stop you from the description?

We'd have to know what was reported, but I suspect there will be at least RS to detain for a reasonable investigation.

2. Was the investigation reasonable?

Here is a bit of a problem as there should not be an hour from the time of detention to the time of a field show up. Is it possible? Sure. Things can sometimes take a while to arrange and an hour might be just fine. But....if the police are dithering about what to do and then decide for a show up and all this takes an hour, then we would have to look at all the facts to see if it was reasonable.

HOWEVER, even if you do have a case, what are the damages? Lawsuits are to compensate harm as measured in dollars. I don't see a large amount of damages here unless other facts came out to show a desire to harass the OP.

Here is better to make a police complaint for the detention (which will lead nowhere) and for the threatening comment (which will also lead to nowhere).

 

[swalsh411]

The police did not search you because there was not probable cause to do so.

If the police could be punished by having to pay out huge damage award because they in good faith detained the wrong person for short period of time then they would be very hesitant to ever detain anybody without 100% absolute positive ID and as a result they would catch less bad guys.

Basically, you took one for the team.

 

[tranquility]

If there was not "probable cause" to search, there was not probable cause to arrest. Make no mistake, the police will be dancing on this one to claim that handcuffing a family and putting them in the back of separate police cars for over an hour wasn't an arrest.

I might like to know if there was a known/identified informant or if the information was anonymous. I'd also like to know the time and location of the crime in relation to the stop. It would be great to know what was told to the police which lead them to the stop.

 

[Hot Topic]

What you "believe" is one thing. What you can prove is another.

Read the title of your post again. It includes the words "By Mistake."

 

[tranquility]

Many people call accidents a "mistake". That does not mean the damage from them is not compensible by the person who made the "mistake". (Or, as here, the government as the person was acting under color of authority.)

 

[st-kitts]

Here is a bit of a problem as there should not be an hour from the time of detention to the time of a field show up.

My recollection of Prince William County was getting anywhere in an hour was reasonable. In nearby Fairfax county, I used to think it was "reasonable" if I could get to the post office and back in under two hours on a Saturday. That was less than five miles away. Sigh.

 

[Proseguru]

The police did not search you because there was not probable cause to do so.

If the police could be punished by having to pay out huge damage award because they in good faith detained the wrong person..

Basically, you took one for the team.

On my, if 'good faith" was the need for an arrest then we would all be in trouble.

Right now, the OP only knows alleged facts that the police have told them. Are these alleged facts actually true facts? And what if not?

The OP may have a case; right now nobody can say with certainty. It may common that police say "you fit the description of a horrible person & that's why we detained you" when indeed the police have made an error & there is no "horrible person" at all.

I would suggest the OP investigate further; but it may be that a case may need to be started to understand the facts as to why they were detained.

 

[CdwJava]

On my, if 'good faith" was the need for an arrest then we would all be in trouble.

The standard for an arrest is "probable cause." In this case, it was a detention, and all that would be needed would be articulable reasonable suspicion. if there was an allegation of a robbery, and the vehicle and/or subjects in the vehicle reasonably matched the description of the suspect(s) provided at the time, then chances are high that the detention was good.

Right now, the OP only knows alleged facts that the police have told them. Are these alleged facts actually true facts? And what if not?

The OP can always complain or inquire with the agency and ask for any information they can be provided. Since they apparently brought a witness by for a field lineup, that seems to be rather strong evidence that there was a crime and that the OP's vehicle and/or the occupants bore a strong resemblance to the involved parties.

(As a note, at age 17 I was once detained at gunpoint with a girlfriend and another couple in my mother's 1972 station wagon ... we were proned out on the pavement late at night as the vehicle apparently matched a suspect vehicle used in a robbery, so I know exactly what the OP has gone through.)

The OP may have a case; right now nobody can say with certainty. It may common that police say "you fit the description of a horrible person & that's why we detained you" when indeed the police have made an error & there is no "horrible person" at all.

Ah, so this might have been an elaborate ruse where the police picked a car at random, drew guns on them, and then picked up a friend at the station to come by and pretend to be a witness to a crime? Really?

Yeah, I guess that is possible, but that would be a very elaborate way to get yourself prosecuted and sued for no potential gain.

I would suggest the OP investigate further; but it may be that a case may need to be started to understand the facts as to why they were detained.

The first thing they can do is ask a supervisor or someone in authority to explain the events to them. Chances are things are as they said they were. Unless there was NO reported crime, or no suspect or vehicle description remotely similar to the OP's, this is almost certainly going to be valid.

But, certainly, the OP should call and ask a few questions or go to the police department and inquire in person. I've had to personally explain such detentions to citizens coming in to my agency and have yet to find one that was uncalled for or have a person complain after we talked about it. Most people just want to have the matter explained to them.

 

[Proseguru]

But, certainly, the OP should call and ask a few questions or go to the police department and inquire in person. I've had to personally explain such detentions to citizens coming in to my agency and have yet to find one that was uncalled for or have a person complain after we talked about it. Most people just want to have the matter explained to them.

And if the OP feels that this is required they should do that ... I know anyone arrested on such circumstances would certainly want a full explanation. If they are not satisfied with the answers obtained then a court filing may be the only way to get any questions answered.

It may be that the people who did this had no resemblance at all to the actual thieves or the description of thieves.

Simply because there is a reported theft in the area does not give carte-blanche for arrests to be made. I would ask to see the written description used...if its very vague then the OP may have a suit to bring forth. A description as vague as 2 males and 1 female left in a sedan --- is that probable cause in this instance?

 

[tranquility]

In this case, it was a detention,

While the police desperately want this to BE a detention, the time and manner (handcuffs, back of separate police cars, a show of force where a high-ranking officer is there) rather make it an arrest from the vast majority of cases out there. Can we find a case to say it is not? Not exactly on point, but very close. (Heck, one is in the 9th circuit which has almost our facts except for a 45 minute time. Held to be a detention.) But, those cases are easily distinguished as they are the exceptions to the general rule of LIMITED intrusion flowing from Terry v. Ohio. Are the facts different enough? That's for the courts, but I'd say there is a lot more chance this was an arrest than a detention.

if there was an allegation of a robbery, and the vehicle and/or subjects in the vehicle reasonably matched the description of the suspect(s) provided at the time, then chances are high that the detention was good.

That the STOP would be good. We might add the closeness to the crime scene and how near in time to the crime and the identity of the parties making the report (this was a shooting) all point to what the police need to do to be reasonable in the investigation.