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  1. #1
    Join Date
    Jul 2011
    Posts
    2

    Default Arrested And Held Overnight - Was it False Imprisonment

    My question involves civil rights in the State of: Colorado

    I was arrested and held over night. When my friend came to bail me out. The officer took the money from him and counted it in front of me. He then made me take a breath test to see if my friend had to sign for me. I blew a .059 and the officer said that I had to blow .050 or under to not have to be signed over to my friend. He said they would sign me over and gave me a piece of paper to sign as a receipt for the bail. Plus my release papers, and court summons.

    As I was about to walk out of the booking area, he had a change of heart and without offering any explanation he threw me back in a cell.

    I was left for another 3 hours. No food or water I asked for ever came. When the original officer's shift ended I heard him tell the relieving cop that I was bailed and signed. He used the phrase "the whole nine yards." Five minutes after that conversation the new officer let me go.

    Was I released and then put back into jail without cause? Where do we draw the line on someone being released? Do I physically have the leave the building?

    Is anyone aware of a case that sets a precedent? I looked to no avail.

  2. #2
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Arrested And Held Overnight - Was it False Imprisonment

    If you blew a .059 and jail policy is not to release you until your BAC drops below .05, then jail policy is that you won't be released until you drop below .05.

  3. #3
    Join Date
    Jul 2011
    Posts
    2

    Default Re: Arrested And Held Overnight - Was it False Imprisonment

    It is jail policy that if I am above .05 I must be signed into the custody of a sober person; which I was. On paper I was completely released and free to go.

  4. #4
    Join Date
    Mar 2009
    Location
    Key West, FL
    Posts
    2,350

    Default Re: Arrested And Held Overnight - Was it False Imprisonment

    Nothing said here matters. This is a waste of space. The conduct alleged does NOT rise to the level of a constitutional violation.

    There are immunity defenses for the jail/police personal you could never overcome.

    There is NO case, no cause of action.

    Period. End of Story.

  5. #5
    Join Date
    Feb 2010
    Location
    CT & IL
    Posts
    5,273

    Default Re: Arrested And Held Overnight - Was it False Imprisonment

    I don't think you have a case..immunity issues will prevail on this one

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