Should my sister sue the police department?

Question

My sister was recently charged with obstructing justice and the reason is "probable cause" She is an awesome person and has a good job and literally has never done anything to be in trouble in her life. This whole mess has caused her a lot of mental stress and anguish. The police report and the police officers statements conflict a long with the fact that they lied and did not follow procedure. My sister is completely innocent of what she is accused of...they have not one witness to back up their charge. It hurts me to think that they are considering giving her 90 days in jail(can you believe it) So my question is should she sue them? Let me know why or why not? Thanks.

Answer 1

Your explanation was vague and didn't really give much information to go on, but I think I have a good idea of what has occured.

First let’s dissect the information that you did give. You said that she was charged with obstruction of justice. This can be a number of things but these charges are generally laid when it is discovered that a person questioned in an investigation, who is not a suspect, has lied to the officers.

The definition of probable cause would be "a reasonable belief that a crime has been committed". It is a stronger standard of evidence than a reasonable suspicion, but weaker than what is required to secure a criminal conviction. Even hearsay can supply probable cause if it is from a reliable source (police officer) or is supported by other evidence.

The Supreme Court decision Illinois v. Gates (1983) lowered the threshold of probable cause by ruling that a "substantial chance" or "fair probability" of criminal activity could establish probable cause. A better-than-even chance (50/50 odds) is not required. The decision in Terry v. Ohio (1968) established seizures may be made in reasonable cause if the officer believes a crime has been committed or SOON TO BE COMMITTED. Meaning that an officer doesn't even have to believe that a crime has occurred.

You stated, "The police report and the police officers statements conflict along with the fact that they lied and did not follow procedure." This is neither considered illegal nor misconduct in a court unless they have lied to the court. While interrogating a person the officers may legally say what ever they would like to a suspect/witness. This is why it is imperative that a person ALWAYS invoke their right to silence unless they have legal counsel before being interrogated by the police in a criminal case. If in fact any actual rights violations occured it will be an element that her attorney should bring up in court in her defense. Her attorney must have hard evidence to support these allegations.

Basically, with what information you gave it appears that she was questioned in relation to a crime committed by another person and the officers, for whatever reason, believed that she lied. They charged her and now she is going to face a criminal trial herself. The problem with a lawsuit at this point is that the officers "probable cause" is information that they already have which contradicts the statements your sister gave. Due to an ongoing criminal investigation the officers DO NOT have to disclose to your sister the evidence they have for probable cause as it is confidential in the other case. They will disclose this at the hearing. Your statement, "they have not one witness to back up their charge" may well be false for this reason as they would not have disclosed to her their evidence.

Your sister cannot take this case up in a civil court because she lacks the necessary knowledge of the full case to prove her point. Due to this reason civil cases are always brought AFTER the criminal case is over. If she has been found guilty in the criminal case she will have no chance in the civil court. If she is acquitted and her criminal attorney can show that the officers are guilty of misconduct she will have a good chance.

If your sister is innocent of obstruction of justice I do hope that all comes out in her favor. Hope this helps!

Answer 2

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Answer 3

I can't tell from the facts you gave here, but do not sue until the criminal case is resolved. Assuming she has reason to sue, she should do so. Most cities and counties have insurance coverage through the state or the municipal league and generally have a $5,000 deductible. You can often get the deductible amount very easily. If your sister sues, they have to pay someone the deductible and some local governments prefer to pay the victim than their insurance carrier. If you go to a lawyer, they would probably take it on a contingency fee basis. I'd talk with an atty. Perhaps it could be settled with just a demand letter. BTW-I work for a local government and our insurance deductible for police cases is $10,000--so I'm just guessing on the amount she might be able to get quickly. If the case against her is bogus, she can sue for the tort of malicious prosecution. She should see a doctor about her mental stress and anguish. You'll need some medical evidence to get damages or greater damages. Oh-one more thing-she may have a very short time frame to sue. In my state she has to give notice of intent to sue within 90 days (after the criminal case ends).

Answer 4

I need more info! But with the info you did provide, I see no theory of liability she could use to sue. Sounds to me perhaps she had some questionable friends and she didn't help the police like they wanted her to. But anyway...you can't sue because the police lied; they can do that. Tell her to get a lawyer because if the only reason is "probable cause" then she has only been arrested. If she was constitutionally violated she may be able to sue the officers if it was due to "not following procedure." If the officers didn't follow procedure set by the PD then it's not the PD's liability. If the procedure set by the PD violated her rights, she may have grounds for municipal liability. But again, what is her injury? There must be some grounds for damages? Again, need more info...but she probably won't have civil case, tell her to get a lawyer and focus on the criminal case at hand.

Answer 5

You are a little mixed up. Obstructing justice is the charge she is facing. That is a charge that the police lay when someone interferes with the normal carrying out of justice. Probable cause is the concept that allows the police to search without a warrant. Basically the police are given rights when they suspect something is amiss.
As for suing the police department, I don't think there's much to gain by doing so. The police will stick together and the story they provide will hold more value to the judge than your sister's testimony.

Answer 6

Probable cause gives the police the right to conduct a search, it is not used as the apprehension tool.

However if they used the probable cause and conducted a search of something and found something illegal, then I am sure that is what they are charging her with.

Not sure what her situation is but here is an example of what could have happened:

The police stopped her car and after approaching the car they noticed that their was a gun in the back seat and they knew that a female had committed a robbery and a gun was used. They would then have probable cause to search the car, but if she somehow was trying to stop them from searching the vehicle, then she would be obstructing the police in performing their duty.

The judicial system does not charge you with probable cause.

Answer 7

Make a good defense against the case of your sister and cite mitigating circumstances whichever is applicable in order to get a favorable judgement. If the case against your sister was malicious, then it is time to file a complaint against the law enforcement personnel for malicious prosecution of a case.

Answer 8

No. She should present her case to her attorney and have him ask to have all charges dropped. That is best case scenario. If she goes after the PD she will probably lose and NOT get the charges dropped. Just tell her to speak to an attorney. Yahoo is hardly the place to get the right answer to that question!

Answer 9

citizens are protected by the law and right in one of them is the right to know what u are being charge with and the 5th amendment protect her so i would say she can sue if the police cannt proove beyond a reasonale doubt that she is guilty of the charges

Answer 10

Need a little more information..What did she do to get arrested? Or what did they say she did?