Legal Question in Criminal Law in Nebraska

False arrest for auto theft of car rental leads to stip search?

On the day of arrest, I contacted the rental agency to find out the total of my bill. The rental agency said there had been a mistake on their part, that the computer showed I returned the car several weeks earlier. Upon a lot check, the car was not found and reported stolen. They assured that the error would be corrected. A few hours later, I ran out of gas, a trooper approached me and discovered the car was stolen when he ran the plates. He called the agency's stolen vehicle department who said the car was still showing as stolen. The car was searched, nothing was found, then impounded.

I was arrested for auto theft. Prior to this incident, I had never been in trouble before. Upon being admitted to jail, I was stripped searched leading to the discovery of 1 gm of meth in my bra and then charged with possession of meth. After being held for 48 hours (due to a weekend holiday), the auto theft charges were dropped at my arraignment but the possession charge still stands.

My Question: What are the chances of the possession charge being dismissed as a result of a false arrest due to an error on the rental agency's part? Upon what conditions can a person be strip searched when being admitted to jail?


Asked on 11/08/04, 12:34 am

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

Re: False arrest for auto theft of car rental leads to stip search?

Unfortunately the search was legal as you were lawfully (but erroneously) arrested. You may have a good lawsuit against the rental company, contact an attorney right away. Maybe you can get a lawyer on a contingent fee for this who will also defend the possession case. If you have kids, consider moving out of state immediately before they are taken away.

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Answered on 11/08/04, 8:53 am
Edward Hoffman Law Offices of Edward A. Hoffman

Re: False arrest for auto theft of car rental leads to stip search?

Your chances of getting the charges dismissed due to the rental agencies mistake are essentially zero. Charges will sometimes be dismissed when the police act improperly, but such dismissals are designed to deter police misconduct and to give officers an incentive to be careful in their work. Those purposes would not be served by dismissing the case against you, since it seems the police acted properly. After all, it is not their fault that they received incorrect information.

You may have other arguments you can make, but pointing to the rental agency is not going to work.

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Answered on 11/08/04, 1:12 am


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