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Wrongful actions by Police Department

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arplayer2k

Junior Member
Hi,

On Saturday, my mother and sister were invited to a friend's home (Torrence, California) for a gathering and were parked outside waiting for more guests to arrive as they had gotten there early. They were in a black 2003 Toyota Camry sedan (registered to my mother) without tinted windows wearing Indian / middle eastern clothing. A police car came up behind them, started yelling on the microphone for them to exit their vehicles with their hands up. When they asked what they had done, they were disregarded and asked to walk up against the fence with their hands up. This incident turned into a copfest with 4-6 vehicles and the whole street blocked off. Coincidentally, everyone who was going to the same gathering as my mother and sister was there watching.

Apparently my mother and sister were accused of being in a stolen vehicle. Stolen? My mother tried to explain that this vehicle was hers and wanted to know who had reported it stolen. After the Sergent on duty showed up, and explained that their car matched a stolen Mercedes with a similar license plate which is why they were basically harassed and detained infront of a majority of their friends, they were let go. Their only crime was to be sitting in a vehicle that was not reported stole as it was theirs, that had a similar (but clearly not the same license plate no), but no real close match.

After-wards they were both scared and shocked, and didn't stay for the gathering in which they would have likely been pestered about their altercation with the police.

I am going to be contacting an attorney to file a lawsuit against the city for harassment. I just wanted to know what the rules are for such a law suit and what type of attorney usually handles this kind of a case.
 


Zigner

Senior Member, Non-Attorney
There is no "case" to be had against the city. If you like, tell the involved parties to file a complaint with the police.
 

arplayer2k

Junior Member
So if cops harass you based on not being able to read a license plate correctly, and not being able to tell the difference between a Benz and a Camry, they can go scotch free?

Just a little frustrated with the system I guess.

Thank you for the advice.
 

Isis1

Senior Member
So if cops harass you based on not being able to read a license plate correctly, and not being able to tell the difference between a Benz and a Camry, they can go scotch free?

Just a little frustrated with the system I guess.

Thank you for the advice.

the cops took precaution. people get license plate number wrong all the time. they checked it out.

i've had a friend incarcerated and went to trial based on a simple mistake. mercifully, he ended up being released when the real vehicle was found. missed his daughter's birth.

they were released. not held. not fingerprinted. i have a feeling, your definition of being harrassed isn't the same as the legal definition.
 

Antigone*

Senior Member
At most they were inconvenienced and embarrassed. This does not rise to the level of a law suit. It is not like the police went Rodney King on them :rolleyes:
 
Cops have jobs. While there is not supposed to be a "quota", they have to be managed in some way. Using a lot of resources for no reason is not going to make a cop chief.

While there may have been a problem, there is no way you will prove it without a professional. Talk to attorneys, but I suspect the end result will be to move on.
 

CdwJava

Senior Member
After the Sergent on duty showed up, and explained that their car matched a stolen Mercedes with a similar license plate which is why they were basically harassed and detained infront of a majority of their friends, they were let go.
They were not "harassed," they were detained for suspicion of being in a stolen vehicle. Apparently it was the wrong vehicle but closely matched the description of the stolen vehicle. Officers are permitted to legally detain people on reasonable suspicion that they were involved in criminal activity. Assuming the plate and description so matched a reported stolen or felony vehicle, then the detention was likely quite reasonable.

The reason it was a "copfest" was because stolen cars are considered serious felonies and often involve violent suspects. So, every officer in the area responded for cover.

When they discovered it was NOT the stolen vehicle, apparently this was explained to the occupants and they were detained. Hopefully, the sergeant apologized for the inconvenience. If not, that is certainly impolite but hardly actionable.

After-wards they were both scared and shocked, and didn't stay for the gathering in which they would have likely been pestered about their altercation with the police.
Understandable, I suppose. When it happened to me many years ago (almost 30) I had a great story to tell my friends. But, everyone reacts to such events differently.

I am going to be contacting an attorney to file a lawsuit against the city for harassment. I just wanted to know what the rules are for such a law suit and what type of attorney usually handles this kind of a case.
You can contact an attorney but YOU have no case as you were not a party to the incident. Your mom and sister can speak to an attorney, but unless the actions of the officers was unreasonable and malicious, there is no cause of action. The police are permitted to detain people they believe are involved in criminal activity. As previously mentioned, if the vehicle matched the description of a stolen or felony vehicle, they are permitted to detain the subjects while they investigate further.

They are free to speak with an attorney, but I suspect he will tell them the same thing we have told you here. So, unless there is some details missing in what you wrote, all they might be doing is wasting their money.

If the officers behaved rudely or unprofessionally, they can start with a complaint to the employing agency.
 

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