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False Arrest

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John Hodgden

Junior Member
What is the name of your state (only U.S. law)? Florida
My vehicle, without my authorization, was used in the commission of a felony where in there was eyewitnesses and surveilance. I did not and do not fit the description by the eyewitness or surveilance and was on the west coast at the time of the incident. The responding officer was relayed the tag number by a third party, (an off duty deputy), and he ran the tag and automatcially assumed it was me and ignored the differences in appearance presented by the witness and the surveilance and went ahead and got warrants on me in spite of the exculpatory evidence in front of their nose.

In researching Florida Statutes, all parties are held unaccountable for their actions and are immune from lawsuits for all the damages they have done, not only to me but to my family, the youngest of which now has to have constant psychiatric counseling for the trauma they caused. These Florida statutes give these beuraucrats of the badge license to do whatever they want to do to whomever they want with absolute impunity. The witness was coached by the responding officer as indicated by comparing his field report to his final report (after he got my DMV ID back on his computer).

They made little to no effort to contact my local P.D. or Sheriff to come by the house and check on me, just in case I had been highjacked and left for dead someplace, nor did they bother to pick up a phone and call the house to see if I was home. Blatant, absolute negligence, incompetence and laziness on the part of one and all and they have immunity by state law. I want compensation! All I had left was my name and now this sorry state has even damaged that!
 


BOR

Senior Member
If you believe you wer falsely arrested, consult an attorney. The police, yes, enjoy what is known as "qualified immunity", and to overcome this burden for a successful lawsuit it must be shown they violated "clearly established law". You can research that term.

I saw some case law for my state once where as long as "probable cause" existed to arrest, an investigation is not neccessary, even, as you say, if it was done, it may have very well exhonerated you. This is a complex area of law, so an attorney must be consulted.
 

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