Legal Question in Civil Rights Law in California
illegal search, seizure and no arrest
I was leaving my storeage facility one evening and was not aware of the time. Usually the security guard makes a courtesy call to notify everone 15 minutes before closing. This evening he did not and it was at the same tiem of year that the clock changes. I heard a noise outside my unit and some man saying ''come out with your hands up'' I had no idea who or what it was about. I asked ''who are YOu?' The man lied and said that he was ''the police.'' Therefore , i proceeded to come out and when I did the man was the ''security officerof the building. I said ''What??!!'' and before I hada chance to say a thing, he threw me to the ground grabbed my arms and roughly threw them into a pair of handcuffs.'' I asked ''What the hell are you doing?'' He would not tell me anythingand said that I was ''trespaaing.'' I demanded he take the handcuffs off of me and he warned me that if I said anything he would use his billyclub on me. I told him he had no right to do this and that I was already a client there and he knew damn well that I was. he denied me the right to offer any type of explaantion. I told him that I had the keys to my unit . He called the police and tried to arrest me but had no grounds.
2 Answers from Attorneys
Re: illegal search, seizure and no arrest
You might bring an action for false imprisonment against the facility. If you weren't detained long or hurt, you might weigh the cost of doing so versus the expense of filing such a lawsuit. Certainly, a letter of complaint to the company's president might be in order.
Re: illegal search, seizure and no arrest
You have a case against them!