Legal Question in Civil Rights Law in Florida

I was arrested on December 2009 at my home in Broward county, Florida by three Broward Sheriff officers with a warrant from Palm Beach county for �grand theft and organized scheme to commit fraud� for buying merchandise with a false credit card and a false Tennessee driver�s license with my name on it. I did not do this. I assume the Palm Beach detective picked a name out of the Florida public records because of the name on the false Tennessee license and showed the victim my Florida Driver�s License photo (from eight years ago). The victim picked three out of a six-photo line-up stating that she could not be sure because she only saw the suspect once for a short period. The detective decided it was me out of the three. I was booked and jailed overnight in Broward county and got out on bail. After proving it was not me through a private detective, the DA in Palm Beach issued a nolo prosse.

I am a law abiding citizen in every respect; I don�t have any police records anywhere; I have a Florida Real Estate License; I have a Florida Department of Health License; I have Level 2 FBI clearance for financial federal contracting; I own properties in Broward county; I am a business owner; I have perfect credit with high scores; I do not have or have not had any delinquent accounts, late payments, judgments or any trouble with the law or otherwise; I�ve been to Tennessee once or twice 20 years ago. The credit card number belongs to someone in Dade County where there are several people with my name. How did they choose me? Why would they think a false driver�s license has the real criminal�s name on it? Do I have a civil case?


Asked on 1/15/10, 8:07 am

1 Answer from Attorneys

Alan Wagner Wagner, McLaughlin & Whittemore P.A.

No, you have no case against the police.

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Answered on 1/20/10, 8:44 am


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