Legal Question in Civil Rights Law in California

what can i do if i got arrested for a mistaken that i was someone else who commited a Armed home invasion, because of the same description as my car. The police had me handcuffed for 1 hour and they knew it wasn't me they were looking for after 20 mins of my arrest, and they still had me handcuffed. They pointed guns at me while getting out of the car. my mom saw everything and fainted.


Asked on 8/05/10, 9:57 pm

2 Answers from Attorneys
Joe Marman Law Office of Joseph Marman

Typically the police have discretionary immunity for a good faith but mistaken belief that what they are doing is correct. Only if they made a grossly mistaken error. Common errors are forgiven.

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Answered on 8/11/10, 9:22 am
Terry A. Nelson Nelson & Lawless

If you were merely detained 'in error', not arrested and charged with a crime, you are lucky, and you have no basis for lawsuit against the police, unless you can "prove" they actually knew you weren't the right person before they stopped you and thus intentionally 'violated your rights'. Their honest mistakes are not 'illegal' or grounds for lawsuit. Such stops happen frequently in investigations. If they were 'good guys' they'd say they were sorry for the trouble. If you gave them a hard time, don't expect an apology.

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Answered on 8/11/10, 5:38 pm


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