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Can I Sue For False Arrest?

Defamation Law Discussion Forum

Can I Sue For False Arrest?

Postby sayre » Thu Mar 15, 2012 6:02 pm

In June of 2011 in Indianapolis, Indiana I was pulled over. It started when I was in my car, and I saw my roommate's brother. He asked me if I was going back to my apartment, I said yes, and he handed me some cash to go get food. I pull out of the gas station where I saw him, and started on my way to the CVS, right next door to the gas station. I see a police officer behind me, and he turns his lights on. I pulled over to the CVS parking lot, and he got out of his car. "Are there any guns or drugs in your car?" was the first thing he asked me. I just told him "You aren't searching my car." He brought a drug dog out, it sniffed around a bit. He said "The dog smells something, that's just cause." He goes into my car and finds my gun. I had a permit, I just hadn't brought it with me. He puts me in handcuffs and in his car. Now, my roommate comes WITH my permit, the cop says "I'm gonna meet quota this month, we're taking him in anyway." So I sit in jail for 4 days for a gun charge. In court, the cop tells the judge he pulled me over for not signaling before pulling into CVS. He told her it was a routine traffic stop. The judge decided in my favor and said a traffic stop doesn't warrant the search of a car, and a K-9 wouldn't have smelled a gun to begin with, and there no drugs found in my car. Period. Can I sue the state or the officer for false arrest or wrongful imprisonment?
sayre
 
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Can I Sue For False Arrest?

Postby oz » Thu Mar 15, 2012 6:07 pm

Bottom line, you were carrying the gun without a permit on you at the time. You broke the law.
oz
 
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Can I Sue For False Arrest?

Postby garwyli91 » Thu Mar 15, 2012 6:14 pm

You can sue anyone you want for anything. If you are asking if you are obviously lying, the answer is yes.
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Can I Sue For False Arrest?

Postby gilleabart » Thu Mar 15, 2012 6:17 pm

I call BS on this one.
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Can I Sue For False Arrest?

Postby shipley » Thu Mar 15, 2012 6:23 pm

I call BS on this one.
You lost all credibility when you included the comment about quotas.

Contrary to popular belief/urban legend, police officers are not held to quotas for anything, especially arrests.

Additionally, if the officer saw the money exchange (which I am assuming he did, otherwise you wouldn't have included that part of the story), he had reasonable suspicion that you were dealing drugs from the car, which would allow the use of the drug dog.
shipley
 
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Can I Sue For False Arrest?

Postby alburt » Thu Mar 15, 2012 6:30 pm

Gooooood luck trying to sue state, they will nail your a** to the ground and charge and counter due with as many charges as they can put on you, don't carry a gun without a permit...he was right to arrest you but he lied on why he arrested so sue for false stopping, next time say I want my lawyer here, your CHEIF of police here, your boss and all before he can search because if you say that then he can't do anything until they show up
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