false arrest

[maestrobanks]

What is the name of your state? oregon
Is it worth sueing the state and or county of false arrest? I was arrested for giving false information at my apt. complex.
To make it short the police were called on a domestic dispute or something. There were about 8 of us outside talking around 930pm. The police show up and do the whole " Name, DL#, addy, DOB, ect."
Well of course its the weekend and we were drinking so I gave my first name and spelled my last, gave social, DOB and texas DL#. I didnt have my ID on me as I was driving I was in the apt. complex visiting. So all this info was given from me direct.
Well salems finest allowed me to use the rest room as they were taking their time pulling our background yada yada. When I was coming back up from my apt to my friends they asked me again my name and social and b date which again I thought I told them the truth as they knew who I was with the info I gave them and without any ID shown to them so what gives right.
Well guess who went to jail for false info yup. They said I lied about my middle name, DOB, and off 1 # on my social. They said I did it cause of warrants in another state blah blah.
The judge set a trial date for me as I pled not guilty of course and she told me I could go to jail for 6 months is that not stupid or what. Anyways I want to file suit against the state and or county since this is total well you know.
Do you think its worth it?

 

[JETX]

Do you think its worth it?

Hmmm... your main problem in your 'scheme' to file a lawsuit is... based on your own statement.. YOU ARE GUILTY!!!
And with that, you have NO case against them.
And even if you weren't guilty.... you would still have no case against them. They are immune to your 'dreamworld' while doing their lawful duty.

 

[maestrobanks]

well that sorta stinks i dont see how police can just arrest whoever they want without a ligit reason and umm when they do arrest people dont they have to book them under their legal name. sorry it just upsets me to be arrested for a charge that is false plus I got no miranda rights read to me so its like they had to arrest someone that night and well I guess it was me.

 

[CdwJava]

First question: Did you have warrants for your arrest in another state?

well that sorta stinks i dont see how police can just arrest whoever they want without a ligit reason

The police make arrests based upon probable cause. If they had probable cause to believe you lied to them about your identity, then the arrest was perfectly lawful.

and umm when they do arrest people dont they have to book them under their legal name.

They book them under the name they have. When the fingerprints come back, if they determine the individual is someone else, they might be re-booked under that name. It is not uncommon for people with frequent run-ins with the law to have a set of fingerprints with three or more names (also called: "aka's") associated with it.

It's also possible they rant the TX DL and it came back with whatever information they had.

sorry it just upsets me to be arrested for a charge that is false plus I got no miranda rights read to me so its like they had to arrest someone that night and well I guess it was me.

Miranda is only required if you are interrogated after being arrested. The remedy generally is that any statements or evidence obtaiend outside of Miranda can be suppressed. It doesn't sound like they needed to interview after the arrest ... except, maybe, for booking questions.



- Carl

 

[maestrobanks]

thanks for the input, yes the warrants are from another state and valid at the time the arrest in Oregon for this crazyness.
but like I said before hand I gave them the right info in which is how they came up with who I was without a ID so how can it be false info is what I dont get? The DA wants to plea with me and put me on proby for 2years thats a well you know what kind of laugh.
Thats more than most criminals get that actually break the law.
I guess I need to use a public pretender, plus my witnesses cause this is wrong.
I can see if I gave them a false name or DOB or even false DL # but um if I was gonna lie I would say my name is John Smith or something
not to ramble sorry just trying to get the exact def. on false info and like you said above I think they picked on me cause I do have warrants in another state that I do have legal on it trying to mop that up. I feel like a real criminal without doing anything including the mess in the other state.
thanks again for the input

 

[BL]

Well of course its the weekend and we were drinking so I gave my first name and spelled my last, gave social, DOB and texas DL#.

( 1 excuse ) .

again I thought I told them the truth as they knew who I was with the info I gave them and without any ID shown to them so what gives right.

( 2 excuses ) , and What you thought when you were drinking doesn't count .

Also, you are suppose to carry ID , and when a PO ask to see it , you are suppose to provide it .

(Excuse 3) ,

I didnt have my ID on me as I was driving I was in the apt. complex visiting

 

[maestrobanks]

so are you saying its gonna be a tough battle for me on this bs charge?

 

[ceara19]

so are you saying its gonna be a tough battle for me on this bs charge?

Did you not understand the advice you have been given? You gave false information to the police, which is the reason you were arrested. Even though you believe that it was just an honest mistake, the fact is you DID false information. Combined with the fact that you were drunk and have other warrants for you arrest, they had MORE then enough to arrest you.

I find it interesting that you claim that you didn't commit any crimes you have been charged with. I find it very hard to believe that an individual would be arrested and/or charged for multiple crimes if they didn't commit the crimes. Regardless of whether you broke the law when you gave the officer your information, the most like could have arrested for the outstanding warrants. Normally, when a person has an out of state warrant out for their arrest, they can arrest that person and hold them for a certain length of time to give the state the warrant are in the chance to extradite you back to where the ticket originated.

 

[maestrobanks]

thank you for the info