• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

false arrest

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

B

bad perspective

Guest
What is the name of your state? Arizona
police officer pulls me over for rolling thru stop sign.
Officer does not site me for it,but does arrest me for
two warrants he says I have. I had my government issued
drivers license,social security card. I did not spend time in jail,
my freinds where able to post a bail. Officer questioned multi
times-whats my name,whats my social #,where did i live.
I was handcuffed and detained for two hours,then taken too
bonding.
I have not been able to find anyone to take to my case?
I was given a court appointment to see a judge.
The day after being arrested (or) detained I pursued fileing
a false I.D report. In doing this I met with a detective, he got copies of the original tickets. The person was from another state
had a different D/O/B,and they had no social security number for
him. The only thing that was the same was his name.
After about 2 weeks the detective calls to tell me he got a photo I.D. on this other person. The detective tells me he cleared my court appointment and he spoke to the judge to get a immidiate
refund for the bail paid, and created a seprate file so this would'nt
happen again if i got pulled over.
This has been a total hassel and embaresment..
I have talked to three different attorneys and have gotten no where. Any advice
 


JETX

Senior Member
I agree with the attorneys.

Though you certainly feel that you were mistreated, the fact that their WAS an outstanding warrant in a name that matched your own, the officer was not out of line in taking you in to verify the warrant (or to confirm the mis-identification).
 

racer72

Senior Member
Hehehe, my brother used my name once and guess where I ended up? Hauled to jail, truck impounded, took the 2 jurisdictions 7 hours to straighten everything out. The officer apologized profusely and the city refunded my impound fees. The cops were were just doing there job.
 
B

bad perspective

Guest
i had a clean driving record. i knew it was not me. the officer never read me my rights, nor did he at any time believe who i
was. i had my legal information and wasn't thourogh enough
to notice the differrences between the d/o/b. also the address
they had was differrent from any address ive lived at. the officer was accuseing from the time he got my information. after going to his car he comes back to mine and asks me to get out of the car and put my hands on the roof of car and spread my feet. he says to me( now is the time to stop lying)
Question is: does anybody know how i can purse a complaint personaly.maybe sending a letter of complaint to the police officers superviser? need advice!!
 

JETX

Senior Member
1) "i had a clean driving record. i knew it was not me."
Okay, you know who you are. But, how was the officer supposed to know that you were NOT the wanted person. With the extensive false ID's out there AND a hit on your name, the officer had to verify the identification and the warrant.

2) "the officer never read me my rights, nor did he at any time believe who i was."
He doesn't have to Mirandize you since he is not 'investigating' anything. And 'you' already had a warrant out. No questions required. And, I find it interesting that you admit that the officer didn't believe your claims that you are not the wanted party. That in itself shows that the officer was NOT abusing his power, he just didn't believe you.

3) "i had my legal information and wasn't thourogh enough
to notice the differrences between the d/o/b."
Do you have any idea how many fake ID's are out there?? Also, do you have any idea how many people give false birthdates, etc. when arrested??

4) "also the address they had was differrent from any address ive lived at."
And how was the officer to know that you hadn't lived at that address??

5) "the officer was accuseing from the time he got my information. after going to his car he comes back to mine and asks me to get out of the car and put my hands on the roof of car and spread my feet."
Yep, he took your ID and ran 'wants and warrants' (10-28 and 10-29) on you. When it came back with an outstanding, he placed you in custody.

6) "he says to me( now is the time to stop lying)"
I would be surprised if that were all he said.

7) "does anybody know how i can purse a complaint personaly.maybe sending a letter of complaint to the police officers superviser?"
Of course you can certainly file a complaint with the department as to the officers conduct. However, based on the information in your post (and the replies), I simply don't see where the officer abused your rights or acted with negligence.
 
K

knorris

Guest
Put youreslf in the officer's shoe's. He was only going by the Info he had been given. Just like halket said, There are so many people out there using other people names and Info. The officer did nothing wrong ! It was a simple mistake that could happen to any of us. Yes you were upset over it but they got it cleared up right. So stop looking for way's to punish an officer who was just doing his job. Kathie
 
B

bad perspective

Guest
thanks for the info!!

i don't think im going to take any action. i think you are all pretty right. the only difference is that it happend to me so i had to experience it. i just did not know what to do.:)
 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top