Legal Question in Criminal Law in California

If someone is unjustly arrested based on warrants that came up on a license plate read rather than license read, and the information was incorrect, is there anything this victim of the law can do to get justice? Or get compensated for his loss of two days worth of work? Included in this equation is the fact that this person was cooperative and let the officer know that he could look at the glove box to get receipts from paid tickets and explanations on recently received license plates. There's more to it but I was just wondering if this can happen to anyone without any compensation except an "apology from the courts" and "you're free to go." This man is a law abiding citizen with a clean record. This man's family was worried sick for their son who was arrested for what it turns out to be nothing but a mistake in the system. Please advise.


Asked on 1/28/10, 6:16 pm

2 Answers from Attorneys
Michael Stone Law Offices of Michael B. Stone Toll Free 1-855-USE-MIKE

First of all, you do not get any brownie points for being "cooperative" or consenting to a search. Never do this again. The US Supreme Court recently bought a police department's argument that "computer error" resulted in a mistaken search, so since then "computer error" has become the new "burned out taillight" excuse for illegal traffic stops and searches. Probably you are stuck out of luck.

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Answered on 2/02/10, 7:08 pm
Terry A. Nelson Nelson & Lawless

You consented to a search, which you were not required to do. Justice is having the right to fair trial and 'innocent until proved guilty' standard. Sounds like you got that from the court system. You'd only get "compensation" if you won a lawsuit for 'police abuse'. That requires proof of willful and intentional violation of constitutional rights. Mistakes don't count. Govt and its agents are immune from suit for mistakes.

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Answered on 2/03/10, 10:02 am


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