Legal Question in Personal Injury in Michigan

False Arrest

I am a licensed amateur radio operator in Michigan. Albion Public Safety pulled me over for a burnt tail light. They saw my scanner, checked its frequencies and they told me I was in violation of the scanner law. I told them I was exempt from that law and showed them my license. They ignored it and arrested me. My wife bonded me out after much humiliation and I filed a motion to dismiss once I went to court. Eventually the judge agreed with me and dismissed the case. Can I hold them liable and sue them in civil court?


Asked on 12/21/01, 8:01 am

2 Answers from Attorneys

William Stern William Stern, P.C.

Re: False Arrest

I am not sure. You would have to show that they had no probable cause to arrest you. I do not think that the police have to know all the statutes. Perhaps you would be in a stronger position if you carried the statute with you. I would sue them anyway because they had the option of taking down the info and looking up the statute to see if you were correct. Their ignorance should not excuse them.

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Answered on 12/22/01, 1:01 pm
Eric I. Kutinsky THE MICHIGAN LEGAL TEAM, P.C.

Re: False Arrest

What it comes down to is if the police had probable cause to believe there was a crime afoot and you were commiting that crime. Although you showed your license, the police might not have known of your exempt status. In the future, you should carry a copy of the statute that exempts you from the scanner law. I think you could still sue because ignorance doesn't excuse their actions. They could have brought you down to the station and investigated further. Or they could have let you go and contacted you the next day. Please give me a call to discuss this matter further. I will be in the office all weekend and next week. Happy Holidays!!

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Answered on 12/22/01, 2:46 pm


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