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Sue witness for inaccuracy in police report?

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anonbird

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

I will do my best to keep this short. Multiple vehicles were burglarized in my neighborhood overnight. In the morning, a neighbor saw their vehicles ransacked and one of them was seen parked on the street down the block, so they called the police department.

I found out my vehicle was one that was burglarized because the officers were notifying people door-to-door. I had my vehicle "processed" which entails taking your fingerprints, dusting for fingerprints, taking your picture, and taking pictures of your car or at least that is what I went through. I was also visited by detectives whom asked questions and implied accusations.


A week later I came to find out the reason the detectives were sent to talk to me is because an officer felt I looked similar to the suspect, a black male, even wrote it in the report. Additionally, one of the burglarized vehicles was allegedly stolen and parked in front of my home; not clearly stated to be on the street but rather specifically at my house address. I went back and forth for weeks with the police department getting inaccuracies fixed. Ultimately, I can't really refute an officer's feelings so in an addendum to the report it was just mentioned that I was asked questions and cleared of suspicion. However, they will not change the location of the stolen vehicle because that is what the witness reported and they also provided a picture of where the vehicle was found located on that day. I've looked at the picture and it is a little pixelated but I can see the car was not in front of my home.


Naturally, I'm perturbed because what I think happened was discrimination. I think the officers did all in their power to mischaracterize me in the report, casting me in a bad light and then tried to back out of it while saving face. But I am a realist, the world isn't fair and proving prejudice would be to troublesome. All I am concerned with now is fixing the inaccurate vehicle location. I already look like a fool to anyone who has read the original police report but at least anyone who reads the report in the future will see me in a better light.

So to my question, since according to the report the neighbor placed the car in front of my home can I sue for defamation of character? According to the report the officers have reach out twice and were told the same story as to the vehicles location both times.
 


Zigner

Senior Member, Non-Attorney
What is the name of your state (only U.S. law)? Florida

I will do my best to keep this short. Multiple vehicles were burglarized in my neighborhood overnight. In the morning, a neighbor saw their vehicles ransacked and one of them was seen parked on the street down the block, so they called the police department.

I found out my vehicle was one that was burglarized because the officers were notifying people door-to-door. I had my vehicle "processed" which entails taking your fingerprints, dusting for fingerprints, taking your picture, and taking pictures of your car or at least that is what I went through. I was also visited by detectives whom asked questions and implied accusations.


A week later I came to find out the reason the detectives were sent to talk to me is because an officer felt I looked similar to the suspect, a black male, even wrote it in the report. Additionally, one of the burglarized vehicles was allegedly stolen and parked in front of my home; not clearly stated to be on the street but rather specifically at my house address. I went back and forth for weeks with the police department getting inaccuracies fixed. Ultimately, I can't really refute an officer's feelings so in an addendum to the report it was just mentioned that I was asked questions and cleared of suspicion. However, they will not change the location of the stolen vehicle because that is what the witness reported and they also provided a picture of where the vehicle was found located on that day. I've looked at the picture and it is a little pixelated but I can see the car was not in front of my home.


Naturally, I'm perturbed because what I think happened was discrimination. I think the officers did all in their power to mischaracterize me in the report, casting me in a bad light and then tried to back out of it while saving face. But I am a realist, the world isn't fair and proving prejudice would be to troublesome. All I am concerned with now is fixing the inaccurate vehicle location. I already look like a fool to anyone who has read the original police report but at least anyone who reads the report in the future will see me in a better light.

So to my question, since according to the report the neighbor placed the car in front of my home can I sue for defamation of character? According to the report the officers have reach out twice and were told the same story as to the vehicles location both times.
No...just no.

:rolleyes:
 

adjusterjack

Senior Member
A "mistake" is not necessarily defamation.

You would probably waste a lot of your money pursuing this with no chance of success.

Besides, the police report isn't likely to ever see the light of day and, therefore, won't do you any harm.

No damages, no case.

I'm sure you don't like reading this, but it's time to get over it and move on.
 

quincy

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

I will do my best to keep this short. Multiple vehicles were burglarized in my neighborhood overnight. In the morning, a neighbor saw their vehicles ransacked and one of them was seen parked on the street down the block, so they called the police department.

I found out my vehicle was one that was burglarized because the officers were notifying people door-to-door. I had my vehicle "processed" which entails taking your fingerprints, dusting for fingerprints, taking your picture, and taking pictures of your car or at least that is what I went through. I was also visited by detectives whom asked questions and implied accusations.


A week later I came to find out the reason the detectives were sent to talk to me is because an officer felt I looked similar to the suspect, a black male, even wrote it in the report. Additionally, one of the burglarized vehicles was allegedly stolen and parked in front of my home; not clearly stated to be on the street but rather specifically at my house address. I went back and forth for weeks with the police department getting inaccuracies fixed. Ultimately, I can't really refute an officer's feelings so in an addendum to the report it was just mentioned that I was asked questions and cleared of suspicion. However, they will not change the location of the stolen vehicle because that is what the witness reported and they also provided a picture of where the vehicle was found located on that day. I've looked at the picture and it is a little pixelated but I can see the car was not in front of my home.


Naturally, I'm perturbed because what I think happened was discrimination. I think the officers did all in their power to mischaracterize me in the report, casting me in a bad light and then tried to back out of it while saving face. But I am a realist, the world isn't fair and proving prejudice would be to troublesome. All I am concerned with now is fixing the inaccurate vehicle location. I already look like a fool to anyone who has read the original police report but at least anyone who reads the report in the future will see me in a better light.

So to my question, since according to the report the neighbor placed the car in front of my home can I sue for defamation of character? According to the report the officers have reach out twice and were told the same story as to the vehicles location both times.
Police reports are privileged, which means there is an immunity from civil actions that is granted to those who make the reports.

A privilege is a legal right granted to those who provide statements to the police (or CPS or in court) so that those who make the statements are not afraid to speak freely out of fear they will be sued if what they say is false. This privilege is granted so that people will report crimes or suspected crimes. The reports are considered neither true nor false. It takes an investigation to prove the truth or falsity. For defamation, what is said must be false.

Although an absolute privilege attaches to statements made in court or in relation to court proceedings, which means the immunity from suit is guaranteed, reports to the police are covered by a qualified privilege. A qualified privilege is an immunity from suit if the privilege is exercised properly (without actual malice). If a report is found to be made with advance knowledge of its falsity and with an intent to harm, this privilege can be defeated and a legal action could be possible.

In your described situation, a mistake of location is simply that. A mistake. You might have been upset that you were questioned, in the end you were cleared of any involvement. No harm=no legal action.

I hope that the real culprit is eventually found and prosecuted. Good luck.
 
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