False Arrest and Imprisonment

[yungswagg]

My question involves police conduct in the State of: California : Santa Monica Police Dept.

Last september I was arrested for receiving stolen property, I did 5 months and was released. Yesterday 3/25/10 I made my 2nd attempt to get my property released that was taken in as evidence for some odd reason items like my cell phone, wallet w/various cards, laptop and other items. I arrived at 1pm at the substation where I was 1st taken to speak with the arresting officer or sergeant to get my stuff back. I was able to speak with and they said they'll go get the items as I waited in the lobby around 20-30 mins later the sergeant came back out and said he's still locating and gatering my property they have a lot of thing back there. 5 mins later I was rearrested for possession of stolen property. I didn't have anything on me but my ID so I already knew it was crap, I was taken into custody and was driven in the squad car with no seatbelts to the main station. I was booked, fingerprinted, and given a booking number wristband as well as a mugshot photo I had taken after the fingerprinting. I asked what I was being charged with an the jailer said 496 and probation violation, he also told me I had arraignment court Monday 3/29/10. Now today 3/26/10 around 12:30pm I was told that I was being released from detention and no charges were being filed now how is that when in the courts computer I still have my court date set which I will attend to make it known that I believe I was falsely imprisoned. Now keep in mind that a detective attempted to talk to me but I didn't pay him any attention because I knew all of this was crap. and also would like to add that I was never at anytime read my miranda rights, i would like to take legal action against them for this misconduct and need to know if i have a strong enough case

[cdwjava]

If they released you with a court date in 3 days, it sounds like that was your original court date and that someone wanted you arrested. Perhaps there was a warrant for your arrest due to the original charge and it becoming a probation violation. Or, they may have discovered that property on your person and originally booked as personal property is actually stolen property ... who knows?

At this point, consult your attorney. He can get a copy of the recent arrest report and find out what its about. If you have no attorney, then you are certainly free to hire an attorney to make a claim against the department and seek compensation for damages. Keep in mind that filing a suit is easier than winning one, and if they had probable cause to make the arrest, then the arrest was almost certainly good. An attorney can get a copy of that report.

[shanker]

My question involves police conduct in the State of: California : Santa Monica Police Dept.

Last september I was arrested for receiving stolen property, I did 5 months and was released. Yesterday 3/25/10 I made my 2nd attempt to get my property released that was taken in as evidence for some odd reason items like my cell phone, wallet w/various cards, laptop and other items. I arrived at 1pm at the substation where I was 1st taken to speak with the arresting officer or sergeant to get my stuff back. I was able to speak with and they said they'll go get the items as I waited in the lobby around 20-30 mins later the sergeant came back out and said he's still locating and gatering my property they have a lot of thing back there. 5 mins later I was rearrested for possession of stolen property. I didn't have anything on me but my ID so I already knew it was crap, I was taken into custody and was driven in the squad car with no seatbelts to the main station. I was booked, fingerprinted, and given a booking number wristband as well as a mugshot photo I had taken after the fingerprinting. I asked what I was being charged with an the jailer said 496 and probation violation, he also told me I had arraignment court Monday 3/29/10. Now today 3/26/10 around 12:30pm I was told that I was being released from detention and no charges were being filed now how is that when in the courts computer I still have my court date set which I will attend to make it known that I believe I was falsely imprisoned. Now keep in mind that a detective attempted to talk to me but I didn't pay him any attention because I knew all of this was crap. and also would like to add that I was never at anytime read my miranda rights, i would like to take legal action against them for this misconduct and need to know if i have a strong enough case

How did this turn out for you?