Legal Question in Criminal Law in Kansas

In April 2008, I heard two knocks on my door. I opened the door and it was two police officers saying they had a warrant for my arrest. By now a crowd had gathered outside, people looking out their windows... I lived in a VERY nice town. I have a clean record and am a RN BSN. They wouldn't allow me to change out of my pajamas, handcuffed me and paraded me around my apartment complex into the police car. I was taken to the jail and literally locked up in a cell. I literally had a panic attack. The officer stated this was for a failure to appear in court for a fine because when my DOG ran away he was found without his leash and I didn't pay any fine. I told the officer 1. I didn't receive a ticket and 2. I never received a notice to appear in court. He didn't believe me. I told him I wanted to see my signature on a ticket. He refused to show me my file. My Mom bailed me out and I was in front of the judge, the officer then had the ticket and someone had signed FOR ME. My siggy was MIA! The next day, I called the DA myself and we went through my file. There were sealed returned envelopes because they had the wrong address. Now, I was so embarrassed in front of my community, I have to put that I've been arrested on all of my nursing applications which is a HUGE inconvenience and professionally frowned upon and I still have nightmares about it. On top of it all, it was a little much being treated like a violent criminal when all that happened was my dog ran away! Can I sue for wrongful arrest?


Asked on 7/10/10, 4:01 pm

1 Answer from Attorneys
Anthony Smith LawSmith

It sounds like you wnet through a lot for a small infarction. unfortunatley, it does not appear that you have an actionable claim agsint the police. Signatures on tickets take the place of being arrested. you sign that whiel you do nto admit doing anyting wrong, you acknowlledge that you coudl be arrested to beforemallyntoicedo fthe allegation agsint you. In your case you have no signature to take the place of being arrested and formally charged.

If you can successfully defend the dog at large violation accusatio, you might have a cl;aim for the unreasonableness of the arrest. You shoudl raise a complaint to the municiplaity that arrested you. IT sounds like the officers went alittel too far. You might also complaain to teh Atorney gerneal's office in Topeka, as it apears that ther may hae been a false affidavit issued to secure the arrest warrant.

It appears that the prosecutor's office may be more beholding to you than the police. if they are the ones that requested the arrest warrant. If nothing else, you ae owed a a letter or apology.

In April of 2011 you can petition to have the arrest record expunged.

Good luck

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Answered on 7/23/10, 2:03 pm


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