Me and my friend were in a local deli store when there was a big comotion. We went outside and found out somebody stole beers and ran, the owners yelled for help for the cops, the cops came as we were leaving the area and the owners pointed at us saying it was us. The cops cuffed us no questions asked and we sat in a cell for 24hrs getting charged with petit larceny and possesion of stolen property. The camera shows us going to the front counter asking for a price on an energy drink and then walking out. The cops refused to watch or get the video tape. There was nothing on us except for a cell phone and wallet so i dont know how there is possesion? Do i have a case for anything? Thank you for any help!Do I have a case for wrongfully accused / False Identity?
As long as the officer's actions were reasonable, they can not be sued. The standard for arresting someone is ';probable cause';. You being there at the time of the theft, and the store owner pointing you out does meet the burden of probable cause.
Seems to me you have a better case against the store owner that pointed you out.Do I have a case for wrongfully accused / False Identity?
It is surprisingly difficult to understand how the police could charge you with petty larceny and possession of stolen property if you were not in possession of stolen goods.
It sounds like they were over-zealous or, maybe, taking the easiest way to make a ';collar';.
I feel sure that a good lawyer will be able to claim wrongful arrest and detention.
Cops can be wrong without acting unlawfully. If the storekeeper identified you as the thief, the cops could then lawrfully arrest you. A charge does not mean you are guilty and you will have the chance to defend. The cops are not required to do your investigation for you. If you think there is video evidence that shows your innocence, then have your lawyer get hold of that evidence.
Sounds like a good lawyer can get you off and show how the police blew the investigation by not reviewing the surveillance tape. Video is more credible than an eye witness in court.
zap, get yourself a lawyer. He can force the store to turn the tapes over to be used in your defense.
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