was driving in mass returning from hardware store and stopped for cracked windshield, officer ran my name, said i had a warrent for unpaid ticket, (dispite my protests) was arrested and brought to court and let out on bond hours later, showed up next day for hearing, had my money refunded and was appoligized to by the judge, they had the records showing my lane violation was paid, called it a data entry error, it really sucked, is that all i get?
2007-01-24 21:48:17 · 13 answers · asked by alpha_male4545 1 in Politics & Government ➔ Law Enforcement & Police
You need some good advice.
There is always a remedy. It depends on your tolerance for discomfort. The PD is done with you. You can seek compensation for a wrongful arrest however.
I am going to give you a short response that really deserves a longer one but time prevents otherwise.
One of the most common suits against the police is for false arrest. There are many precautions the police should take when someone protests their guilt. "Gee the computer must of made a mistake" or "we forgot to take your name out of the system" does not make it good faith. The police have an obligation to contact the originating agency, the agency that holds the warrant and confirm that it is still valid. Every cop in every state knows that. Names are left in databases by a mistake all the time. If that phone call to confirm the warrant was not made you have a classic false arrest case and will probably be compensated.
BUT you have to sue them.
Need more? Email me. Coming from a 32 year vet who has worked at EVERY level of LE in CT. Remember attitude is a choice.
2007-01-25 00:21:17 · answer #1 · answered by Anonymous · 0⤊ 0⤋
The officer was acting on good faith, based on the information that he/she received via the computer system (if he/she confirmed the warrant somehow). If the information was wrong then you could sue the agency responsible for the data entry error. The officer is not at fault because he/she was acting on information that he/she thought was accurate. In this city we always call headquarters to have them confirm the warrant by looking it up and finding the actual hard copy in the filing cabinet. By the way, I'd say about 85% of the people I arrest on warrants protest they are innocent and that they don't know what I am talking about. People lie to the police all the time (shocking, I know!) so if officer let everyone go who protested they were innocent we wouldn't be bringing anyone to jail.
2007-01-25 00:50:13 · answer #2 · answered by joeanonymous 6 · 1⤊ 0⤋
That's the problem with technology its only as accurate a the person who enters the information, Mistake happen and as long as they acted in good faith for lack of a better term forgivable, I have had the experience of arrested people based on a computer printout, just to find out that the information had not been updated, s--- happens.
2007-01-24 22:29:35 · answer #3 · answered by watchman_1900 3 · 0⤊ 0⤋
It is not a Wrongful Arrest. You arrest was the result of a simple filing error. It was not made by some officer who simply wanted to imprison you.
While you were inconvenienced the incident will not result in any monetary damage.
2007-01-24 22:31:02 · answer #4 · answered by Anonymous · 1⤊ 0⤋
The officer wasn't picking on you, depsite what you may think. He was arresting you based on the information before him and acted appropiately. They apologized. Unfortunately, that's all you'll get.
Welcome to the System, and don't be so quick to judge when you see people arrested in the future.
2007-01-24 23:57:30 · answer #5 · answered by Tough Love 5 · 0⤊ 0⤋
Sucks huh? Seems like you deserve more than a sorry for that kind of screw up. Wasn't the officers fault but someone with the records division needs to be shot.
2007-01-24 22:37:03 · answer #6 · answered by Dark 4 · 0⤊ 2⤋
You can try for compo but I think you have no chance at all of gaining something just count your luck in not having a unroadworthy for the cracked windshiel.
2007-01-24 21:54:54 · answer #7 · answered by burning brightly 7 · 0⤊ 1⤋
Yes, it sucks, but you have a choice:
You can either act like a small child and whine about it or you can have some maturity and move on with your life.
Life will suck again one day. How you handle it is a measure of your character.
2007-01-24 21:54:22 · answer #8 · answered by Anonymous · 1⤊ 2⤋
You could sue for wrong full arrest! You need legal advice, contact legal aid and see what your chances are. Best of luck!
2007-01-24 21:55:47 · answer #9 · answered by wheeliebin 6 · 0⤊ 2⤋
Yes, because even if a mistake is made what do you want
in this case, is it still showing on your record.......................
Give these people a break they deal with millions of these
things and sometimes mistakes are made, with paperwork....
2007-01-25 00:15:05 · answer #10 · answered by gorglin 5 · 0⤊ 1⤋