Any recourse for false arrest?

[PFH]

What is the name of your state?What is the name of your state? FLORIDA

My son was arrested and charged with misdemeanor criminal mischief for allegedly slashing the tire of a patrol car. He was with a group of four other juveniles walking in their neighborhood. A witness saw the kids in the area and noticed a flat tire on the patrol car. The police responded, tracked the kids down, and coerced one of them to provide the name of the tire slasher, saying she would be arrested if she did not. My son's name was the one she gave them in order to stay out of trouble.

At trial, the girl recanted her statement, and it was shown that the tire had not been slashed (we took photos of it the next day), but had probably gone flat from other causes. There was no physical evidence of the tire being slashed, since the sheriff's department had thrown the tire away.

Although it would be difficult to prove, it appears that the police did not examine the tire to see if it was slashed. They simply jumped to the conclusion that a crime had been committed and proceeded to arrest my son.

My family has suffered through months of anxiety and several thousand dollars of attorney's fees and other legal costs. Is there any possible way that we can recoup some of our costs, or is it pointless to try?

 

[seniorjudge]

"...At trial, the girl recanted her statement...."

Why did she recant her statement?

 

[PFH]

She said she originally told the police it was my son because the police told her they would let her go if she provided them with a name. She wanted to join the Marine Corp when she got out of high school, and she was afraid that an arrest on her record would prevent her from joining. The police incident report even mentions the fact that she said she did not want to be arrested for this reason. The police, true to their word, let her go without charging her. All of the other kids were charged with "prowling and loitering" - a charge that was later dropped because they were just walking down the street in their own neighborhood. The girl's original written statement to police didn't even say she saw my son slash the tire - only that "he is the most likely one". In a deposition taken before the trial, she stated that none of the kids had done anything wrong, and that she only provided my son's name to stay out of trouble.

 

[seniorjudge]

I'll let some of these knowing tort lawyers answer whether this is actionable.

However, if everything you say is true, then this is danged poor work on behalf of the prosecutor (full disclosure: I used to be a prosecutor).

 

[Happy Trails]

What is the name of your state?What is the name of your state? FLORIDA

At trial, the girl recanted her statement, and it was shown that the tire had not been slashed (we took photos of it the next day), but had probably gone flat from other causes. There was no physical evidence of the tire being slashed, since the sheriff's department had thrown the tire away.

Although it would be difficult to prove, it appears that the police did not examine the tire to see if it was slashed. **I doubt that.They simply jumped to the conclusion that a crime had been committed and proceeded to arrest my son.

The pollice did not jump to the conclusion your son was guilty. They questioned the group in which one of his friends said it was him.

Your right, it would be difficult to prove, since you are only speculating. Just because they could not find your son guilty for lack of evidence (statement from his friend) doesn't mean he was found innocent either.

 

[PFH]

Yes, we were actually shocked when the state attorney decided to prosecute the case with no physical evidence, and no reliable witnesses. We assumed that it was was pursued 1) because it was a police car, and 2) because the deputy involved was not willing to admit that he made a mistake in recognizing that a crime had not been committed.

 

[seniorjudge]

"We assumed that it was was pursued 1) because it was a police car, and 2) because the deputy involved was not willing to admit that he made a mistake in recognizing that a crime had not been committed."

Happens every day....

 

[You Are Guilty]

What was the result of the trial? Were the charges dismissed? Not guilty verdict? Is your son in the clink?

 

[CdwJava]

It sounds as if there was probable cause for the arrest and to make the charge. If there is anyone to sue, I would say it is the kids who made the statements incriminating your son in the first place.

If the polkice believed a crime had occurred and others told them that it was your son, then that could constitute probable cause for the arrest and subsequent prosecution.



- Carl