Can You Sue the Police for Arresting You After a Suspect Uses Your Identity

My question involves criminal law for the state of: Kentucky


I was unaware of a warrant for my arrest for shoplifting back in November of 12'. Once I found out about it, I called a lawyer, went to court several times costing me alot of money. Someone got caught shoplifting and gave my SSN# to the loss prevention and or police officer. Hence why it was pinned on me. Well after going to court several times for this it was dismissed a couple of weeks ago. Because obviously it wasnt me that done it. Anyhow, could i sue the department store/ police department, etc etc to try to regain the money i was out fighting to prove my innocence? I spent well over $3000, missed several days of work, and was stressed out the entire time,because I have NEVER had to go to court for anything. Any advice would be great.

Thank You.

PS: The loss prevention officer/police officer failed to come to court everytime, and I believed gave my lawyer a cursing for calling them.

Based on the the information given: No, you cannot sue the dept store or police department. They have no way of verifying if the SSN given to them matches a given person or not.

It is a shame they never showed up as it would have been easy for them to say, "Nope, that ain't the person I stopped."

Since my case was dismissed. There has to be something that can be done. Something to MAKE them show up. I know i should just let it go, but the money i was out is ridiculous. I believe that the store people actually contacted and did verify that it wasnt me. To me, the police didn't do their job correctly. When they were givin my ssn, the description on my DL (height,weight, etc) In no way matches said person that shoplifted.

Since the event was likely video taped and you are either very careless or attempting to continue the fraud a friend/relative already committed, I suggest you sue the person who represented themselves as you.

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MCox;745533]Since my case was dismissed. There has to be something that can be done.

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sure. Sue the person that used your SSN illegally. That is why all of this happened. The store and courts didn't do anything wrong, at least from what you have described.

Question: Couldn't the OP have the person who used his SSN charged with Identity Theft?

How did this person use a random SSN and have it match you? Do you know this person? Carelessly throw out something with your SSN on it?

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Quoting PandorasBox

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Question: Couldn't the OP have the person who used his SSN charged with Identity Theft?

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I don’t know how the statute is worded in Kentucky. But, here in Washington, that is exactly what I would charge for the described situation. Although, I have to imagine that the actual thief provided more than just OP’s SSN. I assume they also provided OP’s name (at least) and other identifying information.

I'd wonder how they got it.....

OP...any ideas how they obtained your SNN? Did they have your name, also? What did your lawyer find during Discovery?

SSN's are not that difficult to come by. While everybody freaks out at the thought of SSN theft, the fact is, your number is out there in a lot of places that are quite available to those that want it.


While this was done by a well known black hat turned white hat hacker, it can be done by people with much less skill than this guy had. I was watching one of the news shows (20/20, 60 minutes, etc.). The host was interviewing the hacker and asked him what kind of info he could get with a minimal starting point. Hacker had hosts name (and I think that was all he had) and started typing. Less than a minute later he pops up the hosts SSN. They did not release it on TV but the host did verify it was his.

We should all take precautions to be secure whenever and wherever we can. We also should realize there is actually very little about you that cannot be discovered by somebody that really wants it. That is the reality of the world we live in.

Another point people need to realize; most identity theft and most murder is done by friends or family. So, start with making sure your friends really are friends and your family is faithful to you as a family should be. Remove the people in your life that are a threat to you.

Thanks for all your replies. Yes, the person that used my SSN was a family member that is hooked on heroin. He is in jail at the moment. I don't really see a point a trying to sue him, as i wouldn't recover anything. I suppose the best thing to do is, just let it go.

I went to court over a period of a few months, since no one was showing up, and they did NOT have video, (i guess department stores don't keep video that long) it was dismissed.

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Quoting jk

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sure. Sue the person that used your SSN illegally. That is why all of this happened. The store and courts didn't do anything wrong, at least from what you have described.

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I understand that. BUT however, when the police officer ran the ssn number and printed the citation out, it states my description thats on my DL, which in no way looks like the person that was standing infront of them. I think the police officer didn't properly identify the person at all.

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Quoting jk

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SSN's are not that difficult to come by. While everybody freaks out at the thought of SSN theft, the fact is, your number is out there in a lot of places that are quite available to those that want it.


While this was done by a well known black hat turned white hat hacker, it can be done by people with much less skill than this guy had. I was watching one of the news shows (20/20, 60 minutes, etc.). The host was interviewing the hacker and asked him what kind of info he could get with a minimal starting point. Hacker had hosts name (and I think that was all he had) and started typing. Less than a minute later he pops up the hosts SSN. They did not release it on TV but the host did verify it was his.

We should all take precautions to be secure whenever and wherever we can. We also should realize there is actually very little about you that cannot be discovered by somebody that really wants it. That is the reality of the world we live in.

Another point people need to realize; most identity theft and most murder is done by friends or family. So, start with making sure your friends really are friends and your family is faithful to you as a family should be. Remove the people in your life that are a threat to you.

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That is very true. You can obtain almost anything online. Take this website for instance. it is a Hypertext Preprocessor oriented forum, that connects to a MySQL database. It isn't very hard to manipulate the sql files and gather information. A beginner could do it within 20 minutes most likely.

ANYHOW:

I thought i was always pretty cautious about my personal information, like that always say "Family will screw you first"

I don't know how long your license is good for in your state but in mine it's 4 years. There is one state that is 15 and I think there is a state that has basically a life time license. Do you think the holder looks the same during that entire time? The weight can change drastically. The height not so much but I am 6" taller now than when I first got a license.

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Quoting jk

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I don't know how long your license is good for in your state but in mine it's 4 years. There is one state that is 15 and I think there is a state that has basically a life time license. Do you think the holder looks the same during that entire time? The weight can change drastically. The height not so much but I am 6" taller now than when I first got a license.

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Yeah i agree but me being short, and the person that used my ssn is way over 7 inches taller, its kind of obvious.

I turn 28 next week, and our licenses last for 4 years. I think its impossible to grow that much in height at my age,lol. Maybe shrink a little. ha

I am not sure I agree with the others. The police must have probable cause to arrest a person and a store must be correct or each would be subject to sanctions. A lot more facts would be needed to know if the poster has any rights for compensation from either the police or the store. Who swore out the arrest warrant? Did it go through a prosecutor first? I understand the police have qualified immunity against civil rights issues. For state-level false arrest their protection is probable cause. Failing to identify the suspect before citing and releasing may fall below that standard. The officer who actually arrested on the warrant is safe. It is the one who supplied the facts to create the warrant that could have some liability.

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Quoting Welfarelvr

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store must be correct or each would be subject to sanctions.

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How do you figure? If someone does not present physical ID, such as in this case, the store has no way to verify who they are. All they can do is go on what the perp tells them.

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Quoting Welfarelvr

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A lot more facts would be needed to know if the poster has any rights for compensation from either the police or the store.

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He has no rights to compensation from the store as the store did not do anything wrong, except no showing at court.

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Quoting Welfarelvr

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Who swore out the arrest warrant? Did it go through a prosecutor first? I understand the police have qualified immunity against civil rights issues. For state-level false arrest their protection is probable cause. Failing to identify the suspect before citing and releasing may fall below that standard. The officer who actually arrested on the warrant is safe. It is the one who supplied the facts to create the warrant that could have some liability.

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I would be willing to bet the warrant was from the court for FTA, since a citation was issued at the time of the stop.

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Quoting MCox

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I was unaware of a warrant for my arrest for shoplifting back in November of 12'. Once I found out about it, I called a lawyer, went to court several times costing me alot of money. Someone got caught shoplifting and gave my SSN# to the loss prevention and or police officer.

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Your SSN is NOT good ID, so that could not have been used to identify you. Contrary to the impression provided on TV, it is no easy task to run someone for identification by SSN. Even if you do, there is no physical description available. This is why SSNs are not considered valid ID.

Chances are he also gave your name and birthdate (or something close enough not to raise any red flags with the police at the time of the contact. Since it appears to have been a family member, that explains how he knew so much about you.

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Hence why it was pinned on me. Well after going to court several times for this it was dismissed a couple of weeks ago. Because obviously it wasnt me that done it. Anyhow, could i sue the department store/ police department, etc etc to try to regain the money i was out fighting to prove my innocence? I spent well over $3000, missed several days of work, and was stressed out the entire time,because I have NEVER had to go to court for anything. Any advice would be great.

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Unless their actions were reckless or irresponsible in some way, probably not. So long as the police acted reasonably and within accepted practice and agency policy, they are likely immune from any claims.

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PS: The loss prevention officer/police officer failed to come to court everytime, and I believed gave my lawyer a cursing for calling them.

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If your attorney failed to subpoena these folks, then that's your attorney's bad.

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Quoting MCox

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Since my case was dismissed. There has to be something that can be done.

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You can sue the person who identified himself as you. But, as you mention, he has nothing so it's not likely worth the effort.

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I believe that the store people actually contacted and did verify that it wasnt me.

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What you BELIEVE doesn't mean a hill of beans. It's what you can prove.

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To me, the police didn't do their job correctly. When they were givin my ssn, the description on my DL (height,weight, etc) In no way matches said person that shoplifted.

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Again, your SSN is not a good identifier, so that wouldn't mean much to the police unless they were matching the information to a criminal history record (aka Rap sheet).

When the police made contact with the suspect, what did they do? Issue a citation? Book him into jail with photos and prints? What? Issuing a citation without good identification can be sloppy, but it may not be reckless or unreasonable.

Do you have any idea what steps the police took to try and confirm the suspect's identity? Again, if these actions were reasonable and within policy, you likely have no cause of action.

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Quoting Welfarelvr

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I am not sure I agree with the others. The police must have probable cause to arrest a person and a store must be correct or each would be subject to sanctions.

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Not quite. If the store personnel stated that they caught this guy stealing, that's usually sufficient PC for the police to act on and to make an arrest. Being correct isn't the issue so much as acting reasonably and lawfully. One can make a lawful arrest and not even have the right guy. The statndard for probable cause to make an arrest is significantly less than that necessary for a conviction.

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A lot more facts would be needed to know if the poster has any rights for compensation from either the police or the store.

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I can agree with that.

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Who swore out the arrest warrant? Did it go through a prosecutor first?

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I don't know the process in KY, but under the circumstances I would guess that the suspect was issued a citation and then failed to appear in court. This FTA likely caused the issuance of an arrest warrant with the OP's name and information on it and he was arrested or issued a summons to appear.

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Quoting cdwjava

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Not quite. If the store personnel stated that they caught this guy stealing, that's usually sufficient PC for the police to act on and to make an arrest. Being correct isn't the issue so much as acting reasonably and lawfully. One can make a lawful arrest and not even have the right guy. The statndard for probable cause to make an arrest is significantly less than that necessary for a conviction. I can agree with that. I don't know the process in KY, but under the circumstances I would guess that the suspect was issued a citation and then failed to appear in court. This FTA likely caused the issuance of an arrest warrant with the OP's name and information on it and he was arrested or issued a summons to appear.

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I agree the police had probable cause to arrest the suspect with the word of a witness. It is the release and subsequent warrant where there could be a problem. Probable cause does not just cover if a crime was committed or not. One part of probable cause is if this particular person did the act. The potential police error is the causing of a warrant of the wrong person if they did not take proper care in identifying the suspect before releasing him. I agree there was probably more than a social security number given. If the poster is correct that is all that was given, then I believe the police may have fell below the standard of probable cause on identification of the poster as the suspect. If the store were the ones to make the arrest and turn the suspect over to the police is where they must be correct or be subject to false arrest as probable cause would not protect them. If the store did make the arrest and turned over the suspect's identifying information to the police, then they could be liable for errors as well.

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Quoting Welfarelvr

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I agree the police had probable cause to arrest the suspect with the word of a witness. It is the release and subsequent warrant where there could be a problem. Probable cause does not just cover if a crime was committed or not. One part of probable cause is if this particular person did the act. The potential police error is the causing of a warrant of the wrong person if they did not take proper care in identifying the suspect before releasing him.

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No, not quite. It is whether or not there is probable cause to believe that a crime was committed and that the person arrested/cited committed the crime, That's all. They do not need to be correct. Besides, they had the body in front of them, so they acted based upon that probable cause. It is whether the laws or policy were adhered to with regards to the release subsequent to the arrest.

In my state (I don't know about KY) we MAY book a defendant who lacks good identification into the jail and release only after there is some verification of his identity. However, as the section says "may" it is not incumbent upon the officer to do so. I suspect a similar statute exists in KY where the officers MAY book, or, MAY release on a citation even without good, solid proof of identification.

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I agree there was probably more than a social security number given. If the poster is correct that is all that was given, then I believe the police may have fell below the standard of probable cause on identification of the poster as the suspect.

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Since we do not know what the police did or did not do, there's no way to make that call. I suspect that they ran the name and date of birth, came back with a match to a DL, and then issued the citation. THAT was likely sufficient to meet any legal requirement. Clearly it was insufficient, but that does not mean it is actionable.

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If the store were the ones to make the arrest and turn the suspect over to the police is where they must be correct or be subject to false arrest as probable cause would not protect them. If the store did make the arrest and turned over the suspect's identifying information to the police, then they could be liable for errors as well.

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The store is not likely to have any liability for the identification of the defendant at all. They have no resources by which they can identify the suspect and often can ONLY rely on verbal information provided to them.

The OP is probably out of luck if he is looking for someone who can compensate him for his troubles.

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Quoting cdwjava

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No, not quite. It is whether or not there is probable cause to believe that a crime was committed and that the person arrested/cited committed the crime, That's all. They do not need to be correct. Besides, they had the body in front of them, so they acted based upon that probable cause. It is whether the laws or policy were adhered to with regards to the release subsequent to the arrest.

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Read what I wrote again and point out the error. I understand both parts need to be to the probable cause level for the police. The store would not have the same protections. I could not easily find the Kentucky statute on citing and releasing. The criminal procedure statue on making a warrant requires probable cause. Rcr 2.06 and 2.04 show the requirements.

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In my state (I don't know about KY) we MAY book a defendant who lacks good identification into the jail and release only after there is some verification of his identity. However, as the section says "may" it is not incumbent upon the officer to do so. I suspect a similar statute exists in KY where the officers MAY book, or, MAY release on a citation even without good, solid proof of identification.

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But the WARRANT cannot be issued unless there is probable cause to the identification of the party. If the discretion of the police officer was below the standard of probable cause of identification of the party and that failure caused the poster to be arrested, then he was arrested without probable cause.

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Since we do not know what the police did or did not do, there's no way to make that call. I suspect that they ran the name and date of birth, came back with a match to a DL, and then issued the citation. THAT was likely sufficient to meet any legal requirement. Clearly it was insufficient, but that does not mean it is actionable.

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That is not what the poster said happened. He said they went by social security number. That would be actionable.

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I wrote:

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That is not what the poster said happened. He said they went by social security number. That would be actionable.

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I am almost sure I was wrong in writing that. In Miller v. Jefferson City Police Department, 569 S.W.2d 189 (1978) there was a worse situation of identification mixup and neither the police or the person making the report were found at fault.

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The facts creating this problem need further elaboration. Miller sold his 1963 Dodge on January 5, 1976, and completed the transfer by recording the necessary documents in the Jefferson County Court Clerk's Office. On February 10, 1976, someone driving the vehicle harassed Johnson during the day. That night, someone fired shots into Johnson's dwelling, and a neighbor who witnessed the shooting described the 1963 Dodge as the vehicle from which the shots were fired.

Officer Fisher investigated the incident and called in the license number to the police department for an identification. He was given Miller's name and address, which he wrote down and gave to Johnson. Johnson alleged in his cross-claim and in his deposition that Officer Fisher advised him to take a warrant for Miller. Officer Fisher was deposed and contended that he did not attempt to induce Johnson to take a warrant and that he made no statement regarding where or for what to obtain a warrant. Furthermore, Officer Fisher testified that he told Johnson he would watch his house through the night in order to determine who might be driving the vehicle because the driver might not be the registered owner.

The next morning, Johnson obtained a warrant from a Jefferson County official, and Miller's problems began.
Miller's complaint against Johnson was primarily for malicious prosecution. Two essential elements are lacking. There was no malice, and although the concept of probable cause may be stretched in this case, it nevertheless seems to be satisfied. See Mink v. Stratton, Ky., 499 S.W.2d 291 191*191 (1973), which is a somewhat analogous case. More evidence would be desirable for obtaining a warrant than merely such information as the name and address of the latest record owner of a vehicle. Even if Miller had been the owner of the vehicle at the time of the incident, the vehicle could have been driven by another person without Miller's knowledge or at least without his knowledge of any crime.

Nevertheless, Johnson presented the information to an official who saw fit to issue the warrant. The issuing magistrate made the determination that there was probable cause for the warrant. Neither Johnson or Officer Fisher actually made that decision, and there is no evidence that Johnson added any false information to support his complaint for the warrant.

Even if we determined that there was no probable cause to obtain a warrant, we could not infer malice from the circumstances in this case. Certainly there was no actual malice. Johnson had been wronged, and he wanted justice for the offender. He did not know Miller, and in no way did Johnson act out of malice toward Miller. The summary judgment in favor of Johnson was proper. Malice may not be merely presumed. Cravens v. Long, Ky., 257 S.W.2d 548 (1953), and Hendrie v. Perkins, 240 Ky. 366, 42 S.W.2d 502 (1931).

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Quoting Welfarelvr

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Read what I wrote again and point out the error. I understand both parts need to be to the probable cause level for the police. The store would not have the same protections. I could not easily find the Kentucky statute on citing and releasing. The criminal procedure statue on making a warrant requires probable cause. Rcr 2.06 and 2.04 show the requirements.

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2.04 describes the requirements for a judge to issue a warrant based upon probable cause ... PC that would appear to have existed at the time. And 2.06 covers what should be contained in the warrant:

It shall name or describe the offenses charged to have been committed
and the county in which they are alleged to have occurred, specify the name of the defendant, or,
if the defendant's name is unknown, any name or description by which the defendant can be
identified with reasonable certainty, and the name of the complaining party or parties.

How were these requirements NOT met if the officers believed they had the name and identification of the suspect involved, and the judge concurred and issued a warrant?

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But the WARRANT cannot be issued unless there is probable cause to the identification of the party.

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Which is a relatively low standard. Once again, we don't know what steps the police took to match the name of the suspect with the ID. DNA would be extreme, but matching a name, birthdate, and an address is generally sufficient for a CITATION. Remember, this was originally a citation for the theft, not a custodial arrest. The warrant was for failing to appear. How is this the fault of the store or the police if the court issued a warrant for what was probably FTA?

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If the discretion of the police officer was below the standard of probable cause of identification of the party and that failure caused the poster to be arrested, then he was arrested without probable cause.

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And, can you post the minimum legal requirement for suspect identification required by an officer in KY before he can write a citation? Maybe it exists, but I can't find it. I know in MY state, we CAN issue a citation without the added scrutiny. As I said, it's unwise, but not unlawful and likely not outside any agency policy. Now if the employing agency had a policy mandating officers run the poor sot in if he lacks good ID, then there MIGHT be a case. As it is, I don't see it.

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That is not what the poster said happened. He said they went by social security number. That would be actionable.

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They could not have gotten anything from a SSN, so that is NOT what happened. Unlike TV, an SSN is worthless for ID as it does not contain physical descriptions, rarely contains anything more than an address, and takes a lot of hoop jumping to obtain data on. One cannot simply query a database like they do on CSI to find out job history and other info.

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Quoting cdwjava

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Which is a relatively low standard. Once again, we don't know what steps the police took to match the name of the suspect with the ID. DNA would be extreme, but matching a name, birthdate, and an address is generally sufficient for a CITATION. Remember, this was originally a citation for the theft, not a custodial arrest. The warrant was for failing to appear. How is this the fault of the store or the police if the court issued a warrant for what was probably FTA?


And, can you post the minimum legal requirement for suspect identification required by an officer in KY before he can write a citation? Maybe it exists, but I can't find it. I know in MY state, we CAN issue a citation without the added scrutiny. As I said, it's unwise, but not unlawful and likely not outside any agency policy. Now if the employing agency had a policy mandating officers run the poor sot in if he lacks good ID, then there MIGHT be a case. As it is, I don't see it.


They could not have gotten anything from a SSN, so that is NOT what happened. Unlike TV, an SSN is worthless for ID as it does not contain physical descriptions, rarely contains anything more than an address, and takes a lot of hoop jumping to obtain data on. One cannot simply query a database like they do on CSI to find out job history and other info.

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I already replied hours before your posting with a case showing the police do not really have anything resembling a standard for probable cause for identification in KY. I was wrong. In your state the statute is:

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853.5. (a) Except as otherwise provided by law, in any case in
which a person is arrested for an offense declared to be an
infraction, the person may be released according to the procedures
set forth by this chapter for the release of persons arrested for an
offense declared to be a misdemeanor. In all cases, except as
specified in Sections 40302, 40303, 40305, and 40305.5 of the Vehicle
Code, in which a person is arrested for an infraction, a peace
officer shall only require the arrestee to present his or her driver'
s license or other satisfactory evidence of his or her identity for
examination and to sign a written promise to appear contained in a
notice to appear. If the arrestee does not have a driver's license or
other satisfactory evidence of identity in his or her possession,
the officer may require the arrestee to place a right thumbprint, or
a left thumbprint or fingerprint if the person has a missing or
disfigured right thumb, on the notice to appear. Except for law
enforcement purposes relating to the identity of the arrestee, no
person or entity may sell, give away, allow the distribution of,
include in a database, or create a database with, this print. Only if
the arrestee refuses to sign a written promise, has no satisfactory
identification, or refuses to provide a thumbprint or fingerprint may
the arrestee be taken into custody.

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Which has no standard either. The police "may" do as they please.

One of the problems with many cop shows is that the more technical ones tend to show an unrealistic view of what the police can and cannot do and find out. This includes data and information from protected sources not a part of NCIC, and the fact that the data there is only as good - and as recent - as the data entered.

Even driver's licenses are not always great sources of physical information depending on the ages of the parties involved or how the information is volunteered. Since the DMV (at least in CA) enters the data that the customer enters, I could say I was 6'4" and 180 lbs and that's what my license would say ... note, I am shorter and heavier than that. And women tend to enter a weight they HOPE to be at, not the weight they are currently at. And, when you are younger, they might renew your license but not your info for many years. I was 28, as I recall, before my license indicated I was no longer 5'5" and 135 lbs (which is what it was when I got my license at age 16) and at the time I was 5'9" and 160 lbs. and had been stopped a few times (cited three times by 22) without anyone ever saying anything.

Actions tend to be evaluated on what is reasonable, and the law that you found - and as it exists in CA - seem to reflect this. The alternative might be a lot of custodial arrests which can be costly and time-consuming, not to mention embarrassing for people that might have otherwise been on a short drive to the store without a purse or wallet, or a walk around the corner from their house. It sucks to have a loved one do this, and it happens. Sadly, the common denominator is almost always dope.

In my state licenses are good for five years, and every other license you can renew by mail, using the picture from your old one. As a result, the picture on my license is 8 years old; my hair is a different color, my weight is...well, let's just say not the same as it was eight years ago, and my glasses are different. Heaven knows what other differences will show up in the next two years. I will grant that I am still five two, and my eyes are still the same color.

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Quoting cbg

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In my state licenses are good for five years, and every other license you can renew by mail, using the picture from your old one. As a result, the picture on my license is 8 years old; my hair is a different color, my weight is...well, let's just say not the same as it was eight years ago, and my glasses are different. Heaven knows what other differences will show up in the next two years. I will grant that I am still five two, and my eyes are still the same color.

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In the high school classes I teach, I can do roll by student picture, and some of the pics were taken when the kids were freshman - they are now juniors and seniors, and about a third of them i can't completely recognize from their pics just two and three years ago!

Sometimes looking at driver's license can be the same thing ... it looks something like the person holding it, but there's no way to be certain sometimes - which is why we ask verifying questions like the address on the license, maybe a prior address (that we can look up or ask the dispatcher about), or even what DMV office they got their license through (those codes are indicated on the printout if you know what to look for). I try to take a digital image of people I contact without ID or with questionable ID so that I have something to refer back to later. But, that wouldn't prevent a person whose ID was stolen from getting a warrant for an FTA, and it happens.

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Quoting cdwjava

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2.04 describes the requirements for a judge to issue a warrant based upon probable cause ... PC that would appear to have existed at the time. And 2.06 covers what should be contained in the warrant:

It shall name or describe the offenses charged to have been committed
and the county in which they are alleged to have occurred, specify the name of the defendant, or,
if the defendant's name is unknown, any name or description by which the defendant can be
identified with reasonable certainty, and the name of the complaining party or parties.

How were these requirements NOT met if the officers believed they had the name and identification of the suspect involved, and the judge concurred and issued a warrant?


Which is a relatively low standard. Once again, we don't know what steps the police took to match the name of the suspect with the ID. DNA would be extreme, but matching a name, birthdate, and an address is generally sufficient for a CITATION. Remember, this was originally a citation for the theft, not a custodial arrest. The warrant was for failing to appear. How is this the fault of the store or the police if the court issued a warrant for what was probably FTA?


And, can you post the minimum legal requirement for suspect identification required by an officer in KY before he can write a citation? Maybe it exists, but I can't find it. I know in MY state, we CAN issue a citation without the added scrutiny. As I said, it's unwise, but not unlawful and likely not outside any agency policy. Now if the employing agency had a policy mandating officers run the poor sot in if he lacks good ID, then there MIGHT be a case. As it is, I don't see it.


They could not have gotten anything from a SSN, so that is NOT what happened. Unlike TV, an SSN is worthless for ID as it does not contain physical descriptions, rarely contains anything more than an address, and takes a lot of hoop jumping to obtain data on. One cannot simply query a database like they do on CSI to find out job history and other info.

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ACTUALLY!!!! When the person gave them my SSN, my description from my DL was stated on the citiation. So OBVIOUSLY when giving the police a SSN details do come up such as height, weight, eye color, etc. I have the citation that that gave the person, i obtained a copy when I went to court. My case was dismissed because it obviously wasn't me. But damn it someone should have to pay for all these fee's that I incurred during this mess. And the perp that done it would never pay a dime.

SO again..... (((((( Person gave police my SSN. At which then, gave the police officer my DESCRIPTION. In which, in noway, shape or form matches the one that was standing infront of their face. ))))

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Quoting cdwjava

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Your SSN is NOT good ID, so that could not have been used to identify you. Contrary to the impression provided on TV, it is no easy task to run someone for identification by SSN. Even if you do, there is no physical description available. This is why SSNs are not considered valid ID.

Chances are he also gave your name and birthdate (or something close enough not to raise any red flags with the police at the time of the contact. Since it appears to have been a family member, that explains how he knew so much about you.


Unless their actions were reckless or irresponsible in some way, probably not. So long as the police acted reasonably and within accepted practice and agency policy, they are likely immune from any claims.


If your attorney failed to subpoena these folks, then that's your attorney's bad.

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You can sue the person who identified himself as you. But, as you mention, he has nothing so it's not likely worth the effort.


What you BELIEVE doesn't mean a hill of beans. It's what you can prove.


Again, your SSN is not a good identifier, so that wouldn't mean much to the police unless they were matching the information to a criminal history record (aka Rap sheet).

When the police made contact with the suspect, what did they do? Issue a citation? Book him into jail with photos and prints? What? Issuing a citation without good identification can be sloppy, but it may not be reckless or unreasonable.

Do you have any idea what steps the police took to try and confirm the suspect's identity? Again, if these actions were reasonable and within policy, you likely have no cause of action.

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Not quite. If the store personnel stated that they caught this guy stealing, that's usually sufficient PC for the police to act on and to make an arrest. Being correct isn't the issue so much as acting reasonably and lawfully. One can make a lawful arrest and not even have the right guy. The statndard for probable cause to make an arrest is significantly less than that necessary for a conviction.


I can agree with that.


I don't know the process in KY, but under the circumstances I would guess that the suspect was issued a citation and then failed to appear in court. This FTA likely caused the issuance of an arrest warrant with the OP's name and information on it and he was arrested or issued a summons to appear.

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I have a clean background, Nothing at all on it. From what i can tell, all they did was let the (((family member))) *You guessed it*** give them my ssn along with my name, and gave a citation to appear in court. Still, on the citation, states my description. Which the person that done it looks nothing like me at all. Why was it so hard to look at him and compare with my description? It's like they just took the info, and left it at that. Here in KY you DL expires every 4 years, you have to do in, take a new photo to renew. I'm pretty much just going to let it go, seems like alot of trouble to even try to get some of my money back.

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But damn it someone should have to pay for all these fee's that I incurred during this mess. And the perp that done it would never pay a dime.

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but that is who is responsible for the issue. It is not the police or courts fault the guy won't pay you.

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So OBVIOUSLY when giving the police a SSN details do come up such as height, weight, eye color, etc. I have the citation that that gave the perso

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then they gave the cop more than the SSN. You cannot get a physical description from a SSN. There is no physical description associated with it.

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Quoting MCox

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ACTUALLY!!!! When the person gave them my SSN, my description from my DL was stated on the citiation. So OBVIOUSLY when giving the police a SSN details do come up such as height, weight, eye color, etc.

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Then the citing officer got it from some other source. Probably by running your driver's license. The SSA does NOT have your description and vital statistics, and the police can NOT access even what limited info they might have without jumping through a bunch of hoops that cannot be done in the course of your typical call in the field. It often takes a couple of business days if expedited.

Now, if you had previous police contacts (such as an arrest) and they have a good local (city of county) computer database, their dispatcher might have been abe to match a SSN with the rest of your data. But, unless you had been booked or had been a victim/witness a crime where they obtained a lot of really detailed info, they wouldn't have had that info locally.

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SO again..... (((((( Person gave police my SSN. At which then, gave the police officer my DESCRIPTION. In which, in noway, shape or form matches the one that was standing infront of their face. ))))

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Since you are so determined to hear the answer you want that you have won the lawsuit lottery, here is what you do ... speak with an attorney. If the attorney does cartwheels in the office and immediately calls his wife saying they will be headed to Bora Bora next summer, it's a winner. If he asks for money up front or verbally tapdances saying he's too busy, it's a dog.

Let us know how that goes.

Once again, the police work or verification process MIGHT have been sloppy, but that doesn't necessarily rise to the level that would allow you to receive any form of financial compensation. All you can do is ask some attorneys about it. But, given the amount of the actual damages, and maybe a little more for the embarrassment, etc., I doubt this will be worth the effort of an attorney even if done on contingency.

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Quoting cdwjava

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Then the citing officer got it from some other source. Probably by running your driver's license. The SSA does NOT have your description and vital statistics, and the police can NOT access even what limited info they might have without jumping through a bunch of hoops that cannot be done in the course of your typical call in the field. It often takes a couple of business days if expedited.

Now, if you had previous police contacts (such as an arrest) and they have a good local (city of county) computer database, their dispatcher might have been abe to match a SSN with the rest of your data. But, unless you had been booked or had been a victim/witness a crime where they obtained a lot of really detailed info, they wouldn't have had that info locally.


Since you are so determined to hear the answer you want that you have won the lawsuit lottery, here is what you do ... speak with an attorney. If the attorney does cartwheels in the office and immediately calls his wife saying they will be headed to Bora Bora next summer, it's a winner. If he asks for money up front or verbally tapdances saying he's too busy, it's a dog.

Let us know how that goes.

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All i did was ask what or if anything could be done. So it is what it is. As far as my description etc.... I don't know how many times i need to say, i have NO CRIMINAL BACKGROUND, So running my ssn etc etc to match my DL blah blah, I have already said here in KY, if they run your SSN, IT's obviously attached to a DL. But once again, if the ****ed up sloppy ass cop would have looked at what he printed on his little ass computer, and looked at the person standing in front of his face, it would have clearly went a different way. THE DAMN DUDE LOOKS NOTHING LIKE THE DISCRIPTION. Anyway, im done trying to explain myself 100000 times.

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Quoting jk

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but that is who is responsible for the issue. It is not the police or courts fault the guy won't pay you.




then they gave the cop more than the SSN. You cannot get a physical description from a SSN. There is no physical description associated with it.

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Lol, I don't understand, or know how i can be any more clear. I mean honestly.

"gave the cop more info"? --- What does that have to to with it? NOTHING at all.


On the citation that i have in front of my as we speak says this:

(name change) for privacy. of course,lol

John Doe
1234 Dog St
Louisville,ky 40213

5-7,155lbs, blue eyes,

Why wouldn't the cop LOOK at what was printed on his citation?
Said perp
Taller, (ALOT), dark eyes, way different weight. (i know you can gain or lose weight but still)

The description the cop was givin from whatever database they use, looks nothing like the person that was standing face to face with him... I don't understand what is so hard to get. I mean why not atleast get a finger print? anything to verify a person. But anyhow, I don't care anymore, (my lawyer did tell me he could sue,but its not worth it anymore to me.)

Thanks alot of SOME of you alls help and advice, but SOME of you are morons.

Thanks.


PS: "Cop got info from another source" No, obviously in KENTUCKY, if they run your SSN, its attached to your DL or soemthing. I HAVE NO RECORD PERIOD.Not even a speeding ticket.

The government is so messed up and the justice system even more.

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Quoting MCox

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I have already said here in KY, if they run your SSN, IT's obviously attached to a DL.

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Okay, let me explain this slowly ... your Social Security Number (SSN) is issued by the Social Security Administration (SSA). The record maintained by the SSA does NOT have ANY physical descriptors. AND! The SSN cannot be run through the SSA by an officer in the field. SO, what limited info IS there is NOT readily available.

IF (and it's a BIG "if") they used your SSN, they likely ran it in conjunction with your name and DOB and came back with a match on your driver's license and used THAT information on the citation.

It is also possible that if you have had any prior tickets or police contacts as a witness, victim, suspect, etc., that your SSN was in a local (city or county) computer database and paired with your name in THAT system. But, since it is highly unusual for an officer to run a person using an SSN except to try and match a hit on an arrest warrant, I'd wager that they ran the name and birthdate given to them and NOT the SSN.

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But once again, if the ****ed up sloppy ass cop would have looked at what he printed on his little ass computer, and looked at the person standing in front of his face, it would have clearly went a different way.

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And the officer almost certainly did not have a computer with him while inside the business. He almost certainly used a phone or radio to contact a dispatcher or records clerk and copied the info they were provided.

You are certainly free to complain to the agency or to interview attorneys and see if any of them will sue the police on contingency. Chances are they would want payment up front because the potential award would be small and hardly a certainty.

I agree that if the description was significantly off that the officer should have taken additional steps to guarantee identification. However, as I have stated, being sloppy does not necessarily rise to the level of unreasonable or even an event that is actionable.

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THE DAMN DUDE LOOKS NOTHING LIKE THE DISCRIPTION. Anyway, im done trying to explain myself 100000 times.

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Maybe you could try listening one time.