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  1. #1
    Join Date
    Sep 2013
    Posts
    6

    Default 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.

  2. #2
    Join Date
    Jul 2010
    Posts
    7,749

    Default Re: Shoplifiting Charge, Wasn't Me

    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."

  3. #3
    Join Date
    Sep 2013
    Posts
    6

    Default Re: Shoplifiting Charge, Wasn't Me

    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.

  4. #4
    Join Date
    Sep 2011
    Location
    OH10
    Posts
    17,019

    Default Re: Shoplifiting Charge, Wasn't Me

    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.

  5. #5
    Join Date
    Jan 2006
    Posts
    38,865

    Default Re: Shoplifiting Charge, Wasn't Me

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

  6. #6
    Join Date
    Mar 2009
    Location
    Michigan
    Posts
    6,808

    Default Re: Shoplifiting Charge, Wasn't Me

    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?

  7. #7
    Join Date
    Jan 2012
    Location
    Tacoma, WA
    Posts
    1,533

    Default Re: Shoplifiting Charge, Wasn't Me

    Quote Quoting PandorasBox
    View Post
    Question: Couldn't the OP have the person who used his SSN charged with Identity Theft?
    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.
    Behind the badge is a person. Behind the person is an ego. This is as it should be, person at the center and ego to the back.

  8. #8
    Join Date
    Mar 2009
    Location
    Michigan
    Posts
    6,808

    Default Re: Shoplifiting Charge, Wasn't Me

    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?

  9. #9
    Join Date
    Jan 2006
    Posts
    38,865

    Default Re: Shoplifiting Charge, Wasn't Me

    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.

  10. #10
    Join Date
    Sep 2013
    Posts
    6

    Default Re: Shoplifiting Charge, Wasn't Me

    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.

    - - - Updated - - -

    Quote Quoting jk
    View Post
    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.
    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.

    - - - Updated - - -

    Quote Quoting jk
    View Post
    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.
    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"

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