Arrest, Search, Seizure, Warrant Don't know if I was arrested, but they seized

[everetthunt]

Two nights ago I gave a ride to the son of an aquaintance, At the store where we went, the guy was arrested for forgery. I didn't even know the guys name, much less that he was wanted. Anyhow, when they arrested him they came to my car and ordered me out and told me I was going to jail, suspected of forgery. He got real nasty and accusatory. He told me he wanted permission to search my car and I told him no. Cop said fine, "I'll tow the s.o.b. and get a warrent. I said fine. get a warrent. They cuffed me and began to search my auto. I went to jail. Six hours later, they discovered that I wasn't involved, found nothing in the car, and had no reason to keep me. They turned me loose and I asked about my car and the response was, "Thats your problem, we're not in the business of getting folks cars out of impound". "But you are the reason my car is in the impound and you know I'm innocent so you need to get my car out." He said that the reason my car was in impound was because I would'nt give him permission to search and he had to impound it to get a warrent (which he never did): therefore it was my fault and the 200$ tow fee was on me. Then I asked for a ride home and was told, "we're not a taxi service". I replied, "You towed my car, kept me locked down for 6 hours, and now you won't give me a ride home at 2:00 in the morning after you kept me here all night?" Was told to quit crying, it was my fault anyway. Question is: Did he have reasonable cause to believe that I was involved in a crime? Did he have the right to impound my car? When he discovered that I wasn't involved should'nt he be responsable for getting my car out of impound? I was never arrested, so was I illegally detained and my car illegally impounded? If they jerk you off the street only to find out that they made a mistake, aren't they liable to make things right?

 

[raskalnikov]

I'm sure others know more than I do, but you can get the officer's badge number, and file a grievance with internal affairs.

 

[CdwJava]

Question is: Did he have reasonable cause to believe that I was involved in a crime?

Not knowing what he knew or believed, we can't answer that question. Did he have reasonable suspicion for the detention? Probably. Did he have probable cause to arrest YOU? Questionable.

Did he have the right to impound my car?

If the law in your un-named state allows for an impound as a result of an arrest, then, yes. However, you can always make a claim to the agency for the cost of the impound since you were released. They might pay you, or they might not. Then you might have to decide if a small claims action or superior court action for false arrest (if you can make such a case) is what you want to do.

When he discovered that I wasn't involved should'nt he be responsable for getting my car out of impound?

Not necessarily. There may be no legal responsibility for him to do so, but there might be a civil responsibility to his agency for their failure to do so.

I was never arrested, so was I illegally detained and my car illegally impounded?

One can be arrested based upon probable cause and then later released when further investigation determines that the person may not have actually been involved. A court would have to find that the officer had no probable cause to make an arrest. In other words, that he had no reason to believe that you were a party to the crime or guilty of any offense that would subject you to arrest.

If they jerk you off the street only to find out that they made a mistake, aren't they liable to make things right?

Sometimes yes, sometimes, no.

- Carl

 

[everetthunt]

Thanks, Its not exactly what I wanted to here but what you said is what I've been hearing a lot. I'll probally end up in small claims. The downside is that I have to live here and taking the police to court is not going to make me popular. I could foresee more problems if I take this to small claims. Dosen't immunity to things like this set a bad president? This seems like an area that could be abused. Example: cop gets mad cause he feels his authority has been challenged so he impounds persons car. Even if the charge dosen't stick, the guys out several hundred bucks and the stigma of being hauled to the police station. My home state is tennessee and he kept telling me I wasn't under arrest. Does this make any difference?

 

[CdwJava]

All things have to be done with cause. If the officer had no probable cause to make an arrest, and no lawful authority to impound a car, he could be found criminally or - more likely - civilly liable for the action. If you do not follow up by looking in to the matter or making a complaint, then if the officer WAS out of line, then he will learn that he can do it again and get away with it. If no one passes the word to his superiors, they may never know about the problem ... if, indeed, there IS a problem.

- Carl

 

[everetthunt]

You are right and I've already made an appointment with his super; so, we'll see where this goes. I'll drop a line to let you know what happens. Thanks again.