wrongful arrest?

[FordSVTFan]

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.

Agreed!!

 

[Lawfficer]

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.

This is a typical response of someone that would take the blue pill in a second and be offended that you even offered them the red pill. An arrest is just that, an arrest. It's not a conviction. And there are several reasons to ask someone to come into the PD, and ones you take to the PD. Miranda and Custodial Vs. Non-Custofial interviews are not as simple as everyone wants them to be.

 

[czwalga00gt]

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:

I seriously started laughing out loud from that; thanks lawfficer I needed a good laugh.