Guns pointed at my head

[Nukefxr]

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

Hello never posted here before hope i am in the right spot and any insite would be great.
Heres the deal i stoped at a 7-11 for some gas and a powerball ticket.. There was a lady in the store that justed rented a dvd from Red Box.. I did not say a word to her got my stuff went out and pumped my gass. Then she approched me outside and said i put my dvd down some where in the store did u see it? iI said no thats all.pumped my gass and left. About 7 miles down the road at a major intersection i was swarmed by 8 police cars. They jumped out of there car guns pointed at my head ripped me out of my car threw me on the ground cuffed me and put me in the cruser... it was like a seen from COPS.
After 30 mins the cops come over and said the lady from the store was fallowing me talking to 911 saying that i robed her in the parkinglot and stole her rented DVD.The police after searched my car and funding no DVD said i could go..MY question is by the lady telling 911 that i robed her is that slander/defermation. Do i have any leagle actions agianst her for being ripped out of my car at gunpoint?
or could i try to get the state to file charges on her for false 911 call saying i robbed her????

BTW i later went back to the store to talk the employee . He said she came backand found her DVD by the potato chips...

P.S I am 43 this is the first run in with the law i ever had other then a speeding **************..
PPS If i posted thin in the wrong forum let me know.

 

[armywife33]

Oh My God !

That's all.

Just O.M.G.

Sorry I don't have anything useful to add, but that's the craziest thing I've heard all week!

I hope u get some excellent legal advice, and my sincerest condolences on this horrible incident!

 

[The Occultist]

What an awful situation to go through, but I certainly commend you for placing the blame where it belongs and not holding any ill will towards the officers that thought they were doing their job.

Sorry, I don't have any real advice either (not my area of law). At the very least, perhaps Quincy will be able to offer some helpful advice (he's here all the time, so wait patiently!).

 

[Nukefxr]

The cops did there job. if there was a robbery..they did great only 7 miles. Them not knowing details i understand there actions. But they were rough and it was scary

 

[quincy]

It does seem like I am here all the time, doesn't it? Damn.

I agree with The Occulist and armywife that what happened to you was awful, Nukefxr. Eight police cars responding to a DVD theft is remarkable, to say the least - especially when compared to the area where I work. Here you can be put on hold after calling 911 and, even when you get through to a 911 operator, that is no guarantee someone will respond to your emergency.

At any rate, as frightening and as horrible as what happened to you was, I do not see that pursuing a legal action against the woman who called in the theft will be worth your time or expense. You should speak with an attorney in your area to review all of the facts, however, and see where this review leads.

Proving there was a malicious intent behind the 911 reporting of a "theft" can be difficult, even when it appears that there could be no other intent but a malicious one. Unfortunately for you in this situation, a report made to the police is covered by a conditional privilege and immune from a defamation action, unless there can be a showing of actual malice.

 

[xylene]

The police almost killing you over nothing... no biggie

There is no harm in complaining, in writing to the police.

You should at least demand a settlement.

This 'no harm no foul' angle is not true.

You were harmed, emotionally and psychologically.

I'm sure some insipid police apologist will be all over me telling me that you were not shot and grow up.

I shouldn't come down to a hair trigger from your head being COMPLETELY TURNED INTO HAMBURGER over a $0.99 DVD and in a competent police department it wouldn't.

Think about that. Your brains could have been pavement fertilizer if you made one wrong move.

I guess that is the other problem here - and you can't get any compensation - the police with power over you have revealed themselves to be hapless incompetents who almost blew your brains out at the word of a schizophrenic gas station patron who mislaid their DVD.

I would move, but the police state and it's apologists are everywhere.

The bottom line: there are cops who are itching for the day the subject person moves because they want to get their kill on.

 

[Some Random Guy]

There is no harm in complaining, in writing to the police.

You should at least demand a settlement.

This 'no harm no foul' angle is not true.

The police were responding to the reported robbery of a person. The poster did not specify whether the police were told that he was violent or armed. Since he feels that the officer's actions were unjustified, he should file a written complaint with the police department. Depending on what was reported to the police, a swarm of armed police may have been justified.

HOWEVER, the real problem lies with the lady who claimed to be robbed. The poster really needs to go to the police station and relay the store clerk's story about the woman looking for and finding her misplaced DVD in the store. This demonstrates her knowledge that she may have misplaced it. Depending on the version of events that she told the police for the "robbery", they may want to charge her with a crime.

 

[quincy]

Some Random Guy, I don't believe that Nukefxr is saying he has a problem with how the police handled the matter.

I think it is fairly safe to assume from the 8 police car blockade at the intersection, and the police treatment of Nukefxr when he was stopped, that the woman's 911 call was more than just a "hey, a guy took my rented DVD."

Nukefxr can certainly try to press the police into pursuing a false police report charge against the woman and, because of the costs involved in having an 8 car response, the police may just do that. And the prosecutor may consider charging her, if the facts clearly show the woman invented or inflated the need for a police response.

Under Florida's 837.05, whoever knowingly gives false information to any law enforcement officer concerning the alleged commission of any crime commits a misdemeanor of the 1st degree, if the false report is of a misdemeanor crime (punishable by up to 1 year in jail, $1000 fine), or commits a felony in the 3rd degree, if the false report is of a felony crime (punishable by up to 5 years in jail, $5000 fine).

Because I am puzzled by why this woman would target Nukefxr with a false 911 call in the first place, and because I am puzzled by why the police would respond as they did (8 cars, rough handling, search), especially if they only searched Nukefxr's car for a stolen DVD. . . . . I think a review of ALL the facts surrounding this unusual 911 call and unusual police response is necessary.

A review of all of the facts by an attorney in Nukefxr's area can help Nukefxr determine what legal recourse he might have (if there is any available).

As for any emotional distress claim, this could only be pursued if it can be shown the conduct leading to the emotional distress was intentional or reckless, outrageous, and Nukefxr suffered severe emotional distress as a result. Unfortunately, again, if the emotional distress claim is based on the defamatory lies related in the police report, and privilege protects the police report from a defamation claim, privilege will also preclude an emotional distress claim. Actual malice will need to be shown to defeat this qualified privilege.


(As a note, Nukefxr may wind up suffering emotional distress just reading xylene's graphic description of what could have happened - Yikes!)

 

[TigerD]

The OP could also request a copy of the 911 call to see what was actually said.

I am not familiar with the laws of Florida, but they seem to provide a number of 911 calls to media.

DC

 

[davew128]

Anyone else thinking that the potato chips indicate she might be done something else and might be what prompted the lady's less than rational robbery call?

 

[quincy]

Chips instead of White Castle, huh?

 

[davidmcbeth3]

Its the Old..

Crazy,senile, 12 medications-a-day, female senior episode you experienced.

This happens more often than you would think ... I cannot wait to be a crazy 80 yr old ...

I have had this happen where an old lady asks you something, she forgets where she put something, calls the cops & your there in front of angry cops (who wouldnt be angry of a young, very good looking, male steals from grandma) .... cell phones probably increase this happenstance.

My advice? Go to church and pray for the old lady. Even if you win, you lose.

Does sound like the cops were a little bit zealous though ... I even have had cops pull their gun on me during traffic stops for simple 10 MPH speeding charges. Some cops are being way way way-overly aggressive. (yada yada yada- "cops have a dangerous job" jargon - my job per OSHA work death rates is more dangerous than a cop's ; being a cop is one of the more safe jobs out there).

 

[davidmcbeth3]

quincy is a serious dude ... jail the crazy senior !

Some Random Guy, I don't believe that Nukefxr is saying he has a problem with how the police handled the matter.

I think it is fairly safe to assume from the 8 police car blockade at the intersection, and the police treatment of Nukefxr when he was stopped, that the woman's 911 call was more than just a "hey, a guy took my rented DVD."

Nukefxr can certainly try to press the police into pursuing a false police report charge against the woman and, because of the costs involved in having an 8 car response, the police may just do that. And the prosecutor may consider charging her, if the facts clearly show the woman invented or inflated the need for a police response.

Under Florida's 837.05, whoever knowingly gives false information to any law enforcement officer concerning the alleged commission of any crime commits a misdemeanor of the 1st degree, if the false report is of a misdemeanor crime (punishable by up to 1 year in jail, $1000 fine), or commits a felony in the 3rd degree, if the false report is of a felony crime (punishable by up to 5 years in jail, $5000 fine).

Because I am puzzled by why this woman would target Nukefxr with a false 911 call in the first place, and because I am puzzled by why the police would respond as they did (8 cars, rough handling, search), especially if they only searched Nukefxr's car for a stolen DVD. . . . . I think a review of ALL the facts surrounding this unusual 911 call and unusual police response is necessary.

A review of all of the facts by an attorney in Nukefxr's area can help Nukefxr determine what legal recourse he might have (if there is any available).

As for any emotional distress claim, this could only be pursued if it can be shown the conduct leading to the emotional distress was intentional or reckless, outrageous, and Nukefxr suffered severe emotional distress as a result. Unfortunately, again, if the emotional distress claim is based on the defamatory lies related in the police report, and privilege protects the police report from a defamation claim, privilege will also preclude an emotional distress claim. Actual malice will need to be shown to defeat this qualified privilege.


(As a note, Nukefxr may wind up suffering emotional distress just reading xylene's graphic description of what could have happened - Yikes!)

Hell, I have even been shot & did not call the police.