Can You Sue for False Arrest if the Charge Against You is Dismissed
My question involves civil rights in the State of: Washington at 8 am I was arrested in the middle of a country road. For making a false statement. I spent 3 days in jail and 9 months in court. Also my name was on the front page of the local paper..can I sue for false imprisonment.. And false arrest. I never was told what my statement was or why I was ever even stopped by the officer at gun point .
My case was just dismissed. After nine months of court. I still have no idea what my statement was or y I was stopped at gun point by this officer..
Re: I Was Arrested Walking Down the Road. for Making a False Statment
Have you thought to request the police report from the incident?
Re: I Was Arrested Walking Down the Road. for Making a False Statment
So, under what statute were you charged? (Code section, please)
Re: I Was Arrested Walking Down the Road. for Making a False Statment
Well something happened in your encounter with the officer that did not go well. The details of that encounter are extremely important to determining if you have any cause of action against the police department or officer. It also matters what the specific state law was that you were charged with violating. Without that information all I can suggest is that meet with a Washington state civil litigation attorney who litigates civil rights actions to see if you have something worth pursuing.
Re: Can You Sue for False Arrest if the Charge Against You is Dismissed
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Quoting
Collins Brandon
at 8 am I was arrested in the middle of a country road. For making a false statement.
The arrest was based upon something that happened that morning, or were you arrested on a warrant?
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Quoting Collins Brandon
I spent 3 days in jail and 9 months in court.
In which case you likely had a lawyer, and would have seen the police incident report for the arrest. If the arrest was over a statement you allegedly made on the date you were arrested, did the incident report state as the basis for the arrest? Similarly, if there was a warrant, what were the allegations made in support of the warrant?
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Quoting Collins Brandon
can I sue for false imprisonment
Sue whom? We need basic facts about the charge, and we have none.
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Quoting Collins Brandon
And false arrest.
The problem there, is that the charge was picked up and pursued by a prosecutor. So even if we're going to assume that it was for a false statement to the officer on the morning of your arrest, the officer's determination of probable cause was independently supported by the prosecutor's decision to pursue the charge. We're still woefully short on facts.
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Quoting Collins Brandon
I never was told what my statement was or why I was ever even stopped by the officer at gun point.
That makes it appear that you were picked up on a warrant. You have no case against the officer for arresting you on a valid arrest warrant, even if the charge is later dismissed.
Re: Can You Sue for False Arrest if the Charge Against You is Dismissed
I would imagine that your home State has the same procedure as New Mexico.
Whenever I took someone to jail I had to have an arrest warrant or a criminal complaint, signed by me. There were no exceptions unless it was an illegal immigrant then ICE would fax a hold order directly to the jail. Until they got the order I just sat there waiting because they would not accept any prisoner without documentation. Also the prisoner would be given a copy of the warrant or criminal complaint. You MUST have been given some paperwork.
Re: Can You Sue for False Arrest if the Charge Against You is Dismissed
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Quoting
NMNeil
I would imagine that your home State has the same procedure as New Mexico.
Not a safe assumption to make, though. There are 50 states, the District of Columbia, and several possessions and territories within the U.S. each with its own laws and regulations, and they can vary widely outside of what the U.S. Constitution and federal law requires of everyone. Moreover, there are literally thousands of law enforcement agencies in this country and each one has it own procedures, too. You might be surprised how much things can differ from one place to another.
As the OP has not come back to follow-up and address any of the questions asked or let us know what has happened since there really isn't much for us to go on here in determining whether the arrest and short jail stint were lawful.
Re: Can You Sue for False Arrest if the Charge Against You is Dismissed
But wouldn't all States have to comply with the 5th and 14th amendment due process clause?
Re: Can You Sue for False Arrest if the Charge Against You is Dismissed
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Quoting
NMNeil
But wouldn't all States have to comply with the 5th and 14th amendment due process clause?
They do. But state laws and police department policies can go further than the federal constitution requires. Your statement as to how you did your job I’m guessing reflected your department’s policy. It was certainly not a statement of what the Constitution demands. Under the Constitution, an arrest does not require a warrant or a signed complaint by someone for all arrests.
The Constitution does probable cause to believe the defendant committed a crime before making teh arrest and an arrest warrant is generally required to enter upon private premises to make the arrest. But some states and police departments will have additional requirements for their officers to meet before making an arrest, and yours was evidently one of those.
Re: Can You Sue for False Arrest if the Charge Against You is Dismissed
MY SON IS STILL IN THE WARM SPRINGS CORRECTIONAL FACILITY SEE ATTACHED ARTICLE...[URLstate-high-court-overturns-felony-conviction-cites-double-jeopardy.htm"]