wrongful arrest?

[Jforce05]

Kindof a weird story but it turned out my friend stole a fourwheeler and the cops were tipped off and got a warrent to search my garage. I let me friend keep his four wheeler in my garage but did not know it was stolen. I was on vacation with my gf but when I returned I was arrested outside of my local grocery store on a county theft arrest warrent. I went to court already and got a motion for discovery of evidence and I was charged with theft of the fourwheeler in the original county. The county I live in decided not to press charges on possession of stolen property. My friend was questioned recently and he admitted to stealing the quad. Do I have a potential lawsuit for wrongful arrest or accusation? I'm not out anything except bail money but its caused alot of humiliation locally with friends and family thinking I am a theif. Anybody have any thoughts?

thanks

 

[drewbhot]

I would say don't waste your time. The property was in your garage on your property. They didn't know who took it, they just knew where it was. Probably be a long, expensive waste of time. it does suck though...:bored:

 

[FordSVTFan]

Here are my thoughts. You were in possession of stolen property. You have a duty to ensure you arent storing stolen goods for someone else. You were rightfully arrested on the warrant. You dont have a winnable claim. Why do your friends or family think you are a thief? They obviously have some propensity toward thinking that way of you. You were arrested and released. If you decided to share with others what the charges or circumstances were, that was on you.

Dont receive stolen property and you will avoid this in the future.

 

[Juruense]

Find some new friends.

 

[Lawfficer]

What a joke of a question this is. You were in possession of stolen propetry and got arrested for theft, big surprise. Maybe this "tip" just came from someone that saw the 4-wheeler in your garage and knew it was reported stolen or saw a "reward" poster.

You have NOTHING to give any wrongful arrest lawsuit substance. Hell, if I was the Cities attorney, I would counter sue you for being an idiot.

 

[Iceman II]

There was probable cause to arrest you because you were in possesion of it. I'm having a little trouble with you not believing it was stolen, but at any rate. You are not going to get anywhere on that.

 

[Common]

WOW how naive are you dude.........if i was you i would pound my friend into the ground.....give him a beating of his life wtf...........i hope you are realizing how ****ed you are...........if EVER EVER EVER you try to get a job in some big ass company.......guess what?.............you wont get it cuz you have a record...........i dont even car if you get it "esponged"......once arrested there is a record of that forever it just depends how hard someone wants to find out

 

[esqeddy]

YOU HAVE NO CASE. In fact, you are lucky that you aren't being prosecuted for "theft by receiving stolen goods".

 

[svt99rag]

Wow...

 

[Riddla]

Here is a scenario, someone steals something and runs away from the police. They leave what ever they stole on your property and he gets away without ever beeing (sp) seen. Cops find the stolen part on your house.....what then?

 

[mblgjr]

Possession is 9/10ths of the law.

 

[Jforce05]

the other counties states attorney announced on the record in court today that he is clearing me and the judge dismissed the theft charges. I am not being charged with possession in my county because of good relations with the states attourney. However I am out $3000 in lawyer fees which I am unsure of how I am going to get that back. You cant be charged with theft because you are in possession of the property because they have to link you to the crimescene.

 

[DEFYANT]

Sue your "friend".

 

[WVUAnt]

Sue your "friend".

You mean ex-friend.

 

[LowNSlowNeon]

What a joke of a question this is. You were in possession of stolen propetry and got arrested for theft, big surprise. Maybe this "tip" just came from someone that saw the 4-wheeler in your garage and knew it was reported stolen or saw a "reward" poster.

You have NOTHING to give any wrongful arrest lawsuit substance. Hell, if I was the Cities attorney, I would counter sue you for being an idiot.

:lol: :lol:

 

[oldmodman]

My non police officer, just a citizens opinion is that you should never have been arrested at all. How about just asking you to come in to be questioned about the matter? Or does the city attorney in your community never bother to look before he leaps.

Oh, and by the way lots of people that have been arrested prematurely have won suits against the agency that filed the false arrest warrant. I am using the term false to include being arrested for a crime that you did not commit. Just a few minutes of investigation would have prevented this situation from happening.

And as to the suggestion that the friend be filed against to recover the loss. What are the odds that some low life idiot that sets up a friend would have any recoverable assets?

 

[FordSVTFan]

the other counties states attorney announced on the record in court today that he is clearing me and the judge dismissed the theft charges. I am not being charged with possession in my county because of good relations with the states attourney. However I am out $3000 in lawyer fees which I am unsure of how I am going to get that back. You cant be charged with theft because you are in possession of the property because they have to link you to the crimescene.

But you can be charged with receiving stolen property and possession of stolen property.

Sue the person who stored the thing there.

 

[esqeddy]

First, you are a poor judge of character if you have friends who are theives.

Second, oldmodman is wrong. You have no case. Suit against agencies for state or federal wrongful arrest/prosecution claims must stem from malicously seeking a warrant the officer knew was bogus. It isn't enough that an officer's investigation was poorly conducted. Officer's have what is called "qualified immunity". So long as this officer had probable cause to seek a warrant, his butt is covered.

I'd say having a stolen 4 wheeler in your garage is probable cause plus some.

Third, you are out $3000.00 in attorney fees. You can forget about ever seeing that $$ again. Do you think your "friend" is going to pay you that back since he put you in that situation? Ask him and let's see how good of a friend he really is. I'm willing to bet he becomes an ex-friend real quick. Which is good for you if you are a stand up guy and really had no part to play in this.

Finally, the meer fact that you would want the police department to pay for your expenses instead of going off on your friend raises concerns for me. If you were truely innocent and not acting in concert with your friend, then I think you would have long ago focused your anger at him. After all, he is the one who got you into this mess.

Frankly, I suspect that though you weren't involved in the actual theft, you knew, or should have known, that the 4 wheeler was stolen when you agreed to let your friend stash it at your place. Although the prosecuting attorney declined to pursue the charges against you, that only means he felt that he lacked the evidence to prove, beyond a reasonable doubt, that you were guilty. It doesn't mean he thinks you are innocent, and neither do I.

 

[Dusten]

the other counties states attorney announced on the record in court today that he is clearing me and the judge dismissed the theft charges. I am not being charged with possession in my county because of good relations with the states attourney. However I am out $3000 in lawyer fees which I am unsure of how I am going to get that back. You cant be charged with theft because you are in possession of the property because they have to link you to the crimescene.

I would just write the lawyer money off as a lesson learned, and be grateful you aren't still be charged as adam listed above. Or sue your friend, if you think you can get it out of him.

 

[RDJ]

www.judgejudy.com .... would love to see both of you get your asses handed to you by her on national TV