i go to a store more than 3 times a week for more than a year now.
On 12/30/09 i went to the store with my family (wife and son) and spent almost $1300 with a credit card that we always use in that particular store.
On 12/31/2009 at around 10:30am, i went to the same store to do more shopping. i did some returns and while i was looking a bed frame, a police officer came up to me and called by my first name and last name. they were i think 2 police officers (one went behind me).
The police officer informs me that i had a warrant pending against me for "child restraint ticket that i did not pay"($62). i told them that i was not aware of the warrant, i did not receive any letter from the court. the police officer told me that i was under arrest and pull out handcuffs, i please him not to do it in the store since i had a lots of family friend and people who knows me in that store. i told him that i am an engineer and that misunderstanding will degrade my personality. I told him that i was willing to follow him and paid or talk to the judge and know what went wrong. He refused and handcuffed me and escorts me out of the store like a criminal.
While interrogating me, the police officer revealed me that the reason they find me is because the store manager called the police and say that i was fitting a description of a person (black male) who purchase articles with fake travel checks on 12/30/2009 and the officer own words were " you are a perfect fit, obviously you are a black". The officer asks me if i know anything about fraud and fake travel checks. After the paper work process was done the officer brought me back to my car that was parked on the store parking lot.
I went to the court house and explain to the clerk that i never receive the letter that they sent to my PO BOX and i fill out a paper to ask the judge to reconsider his decision since i did not know anything about it.
To give you a little background, i appeal a ticket (child restraint ticket). i had a court date but i did not go because that morning my son was not filling well. The same day i called the clerk and explain her the situation. She told me that she will talk to the judge about it but she does not know if the judge will granted me a appeal or not, but either way she will call me or send me a letter. Next thing i know i was arrested.
On 01/02/2010, i went back to the store to ask them why they did call the police on me since they know me as a regular customer. One of the manager told me that they never call the police on me and that as i was walking in the store on 12/31/2009, a police officer who was looking at the tape(from yesterday) make a call that i was fitting the description.
This is what made me think. Either the officer or the store assumes i was the criminal because i was African American.
I got the police report and the report states that the store call the police and gave my information to the police.
I also have the video of the interrogation showing the police officer asking me question regarding the fraud that happen on the store.
In the car the officer told me that, the store call the because I matched the description and his own world was " you match the description, obviously you are a black man. I ask a copy of the cruiser but the police told me that the officer did not record it.
Having say all that i have couple of question for you:
DO I HAVE A CASE?
I want to suit the store and/or the police officer
1. Did the store have the right to gave my information to the police?
2. Did the police have the right to accuse me base on racial profiling?
3. If they is a warrant pending against me does it mean that i am under arrest or do i have the option of paying the ticket without being arrested and without having a criminal record.
4. Should the clerk send the court letter (warrant) as a certify mail, so that the court has the certitude that i received the letter?
the clerk told me that the warrant for traffic violation($62) was sent to my PO BOX but i never receive it.
5. My criminal record is clean beside the arrest that occurs on the 12-31-2009. How should i do to clear that matter off my record?
6. Does the officer have the right to question regarding an incident that has nothing to do with my arrest and he insisted
thanks for your help.
On 12/30/09 i went to the store with my family (wife and son) and spent almost $1300 with a credit card that we always use in that particular store.
On 12/31/2009 at around 10:30am, i went to the same store to do more shopping. i did some returns and while i was looking a bed frame, a police officer came up to me and called by my first name and last name. they were i think 2 police officers (one went behind me).
The police officer informs me that i had a warrant pending against me for "child restraint ticket that i did not pay"($62). i told them that i was not aware of the warrant, i did not receive any letter from the court. the police officer told me that i was under arrest and pull out handcuffs, i please him not to do it in the store since i had a lots of family friend and people who knows me in that store. i told him that i am an engineer and that misunderstanding will degrade my personality. I told him that i was willing to follow him and paid or talk to the judge and know what went wrong. He refused and handcuffed me and escorts me out of the store like a criminal.
While interrogating me, the police officer revealed me that the reason they find me is because the store manager called the police and say that i was fitting a description of a person (black male) who purchase articles with fake travel checks on 12/30/2009 and the officer own words were " you are a perfect fit, obviously you are a black". The officer asks me if i know anything about fraud and fake travel checks. After the paper work process was done the officer brought me back to my car that was parked on the store parking lot.
I went to the court house and explain to the clerk that i never receive the letter that they sent to my PO BOX and i fill out a paper to ask the judge to reconsider his decision since i did not know anything about it.
To give you a little background, i appeal a ticket (child restraint ticket). i had a court date but i did not go because that morning my son was not filling well. The same day i called the clerk and explain her the situation. She told me that she will talk to the judge about it but she does not know if the judge will granted me a appeal or not, but either way she will call me or send me a letter. Next thing i know i was arrested.
On 01/02/2010, i went back to the store to ask them why they did call the police on me since they know me as a regular customer. One of the manager told me that they never call the police on me and that as i was walking in the store on 12/31/2009, a police officer who was looking at the tape(from yesterday) make a call that i was fitting the description.
This is what made me think. Either the officer or the store assumes i was the criminal because i was African American.
I got the police report and the report states that the store call the police and gave my information to the police.
I also have the video of the interrogation showing the police officer asking me question regarding the fraud that happen on the store.
In the car the officer told me that, the store call the because I matched the description and his own world was " you match the description, obviously you are a black man. I ask a copy of the cruiser but the police told me that the officer did not record it.
Having say all that i have couple of question for you:
DO I HAVE A CASE?
I want to suit the store and/or the police officer
1. Did the store have the right to gave my information to the police?
2. Did the police have the right to accuse me base on racial profiling?
3. If they is a warrant pending against me does it mean that i am under arrest or do i have the option of paying the ticket without being arrested and without having a criminal record.
4. Should the clerk send the court letter (warrant) as a certify mail, so that the court has the certitude that i received the letter?
the clerk told me that the warrant for traffic violation($62) was sent to my PO BOX but i never receive it.
5. My criminal record is clean beside the arrest that occurs on the 12-31-2009. How should i do to clear that matter off my record?
6. Does the officer have the right to question regarding an incident that has nothing to do with my arrest and he insisted
thanks for your help.
