warrant for arrest for a crime never commited...

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

Due to the fact the case is still open, I cannot release much information. I just want to get a general opinion on what you guys think and if its possible to sue the city...

Two men fled the scene of a crime. They stole a laptop and GPS device from a "bait car" a city had set up. They were tracked and pulled over. They were told to get out of the car at gun point and did that. They fled the scene and jumped fences and got away. The car was impounded.

The car was registered to a family with the same last name as mine about 30 miles away from where I live. The crime happened over 100 miles away.

The officer who pulled the vehicle over chose ME from a photo line-up of two people. These two people having the same last name as the registered car owner and the same race. They sent letters and calls to the house where the car was registered to but got no response so they issued a warrant for MY arrest (never got anything sent to my house).

So, local PD come to my house and arrest me infront of my family on the charges:

PC 148(A)(1)F
PC 459 F
PC 496(A)F

So, I spent the weekend in jail waiting for my bail to post. it was 10,000 and we paid 800 of that through a bail bond. We were forced to hire a laywer to help fight this case. We are out fees on that as well. We are waiting for our pre-elim hearing coming up to see whats going to happen then.


That is the background of this case, but my question is, is there anyone who I can SUE..the city? county? state? the cop?

I cannot believe a huge mistake like this can happen without being investigated? I've never been to jail and I've never had any criminal history and I had missed work for the weekend in jail.

mrbentley09 said:

is there anyone who I can SUE..the city? county? state? the cop?

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No.

I cannot believe a huge mistake like this can happen without being investigated?

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What the hell are you talking about. It was investigated!!
From your own post: "The officer who pulled the vehicle over chose ME from a photo line-up of two people. These two people having the same last name as the registered car owner and the same race."
Your last name. Same race. You were picked in a photo-lineup.
Get an attorney. You will need one.

I'm confused, was it a picture of you he identified or just someone who has the same name as you?

I would think it would be reasonably easy to prove your innocence by the use of your alibi for the time in question.

having said that, I agree... you have been identified by an eye witness. You need an attorney.

FlyingRon said:

I'm confused, was it a picture of you he identified or just someone who has the same name as you?

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He was selectd out of a photo line-up by the officer(s).

- Carl

Unless the afidavit for the warrant was proven to be obtained by knowingly false testimony (Or, maybe [depending on the exact facts], the affiant should have reasonably known it was false.), I don't see any lawsuit here. A judge has already found probable cause. The police/government will get qualified immunity and no one is going to get sued and lose.

thanks for the replies

FlyingRon said:

I'm confused, was it a picture of you he identified or just someone who has the same name as you?

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All we know is what was in the police report. They pulled up about 6-7 people with the same last name, but only two had pictures. One was me and one was another guy. Cop choose me as the person who did it without seeing the other pictures.

I do have a lawyer, but im just in awe how an officer can make a mistake this big and potentially ruin an innocent persons life. Putting them in debt for something they never did.

People can make reasonable mistakes. When the act is reckless, inherently dangerous, or intentionally made, some form of penalty can be more easily applied. When the error is reasonable, it is far more likely that no action can be brought.

People can be wrong. If the state held people who made erroneous identifications, or could be sued by peopl ewho were acquitted of crimes for whatever reason, the system would grind to a halt. Errors happen, and that is what the system is designed to catch. Does it suck to be in your position? Absolutely! Is there anyone to pursue for damages? Probably not.

However, you can always consult an attorney who can review the whole of the investigative file and see if a case can be made that the investigation was improper and reckless, or if some claim can be made.

- Carl

CdwJava said:

People can make reasonable mistakes. When the act is reckless, inherently dangerous, or intentionally made, some form of penalty can be more easily applied. When the error is reasonable, it is far more likely that no action can be brought.

People can be wrong. If the state held people who made erroneous identifications, or could be sued by peopl ewho were acquitted of crimes for whatever reason, the system would grind to a halt. Errors happen, and that is what the system is designed to catch. Does it suck to be in your position? Absolutely! Is there anyone to pursue for damages? Probably not.

However, you can always consult an attorney who can review the whole of the investigative file and see if a case can be made that the investigation was improper and reckless, or if some claim can be made.

- Carl

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Thank you for the very usefull information!