Legal Question in Civil Rights Law in California

Illegal detainment

The police showed up at my work one day, told me they were investigating a molestation case from 7 years prior. They told me, AT MY WORK, I could either get in the back of their car, or they could make a scene and have other officers show up and arrest me. I went with them to the station. They took me 1 hour away, questioned me, only to find out I had been investigated by CPS 7 years ago. The person who had done this had already been arrested two months ago. After 2 hours of interrogation, they said I was free to go. They told me that they would get the CPS case, and go from there. I was one hour away from work, with no wallet or anything. I have the conversation from my work recorded. Were they allowed to only give me two options, 1. either get in their car right away, or 2. arrest me on the spot? Everybody I work with asked questions for several days as to what happened. I am very embarrassed at my work, scared that they may just show up again, and make my repuatation even more crappy at work. I am a high-up executive at a very large company in California. Do I have any recourse to their actions? Or can the police just show up, and force you to go with them without arresting me?


Asked on 11/08/05, 12:32 pm

1 Answer from Attorneys
H.M. Torrey The Law Offices of H.M. Torrey

Re: Illegal detainment

No. An arrest (complete with miranda/5th amendment warnings) must be made in order to take you into custody period, unless there was voluntary consent to cooperate and go down to the station with them on your own accord. You may have a very valid claim here from the facts you have given so far. If you would like complete assistance in this matter, and help in ensuring this may never happen again, contact us directly today.

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Answered on 11/15/05, 4:10 pm


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