I was falsely arrested for theft under 5000 and resisting arrest, and not read my rights, also I am a female and the male officer punched me in the face. There was no female officer present during this time and did not show up until I was cuffed and already in the car. Will this stand up in court because I was not read my rights, there was excessive force used, no female officer present, and the item I was accused of stealing I was wearing when I walked into the store?

If you don't have witnesses, then I don't think you have a case against them.

Why did you resist arrest and get into an altercation with the police officer; it could not have done you any good.

If it's "theft under" I would guess you're in Canada. The Canadian "Miranda rights" (I'm in the US) are quoted below.

You were not resisting arrest? A female officer does not have to be present. A male officer, for that matter, does not have to be present when a male is arrested. Of course Police Officers - male or female - are not allowed to deliberately punch anyone in the face UNLESS that officer has grave concerns for his/her own safety and all other means have failed.

So - whether you were read your rights may or may not be necessary (I don't know at what point you were arrested), there does not have to be a female Officer present, you would have to prove that excessive force (and a punch in the face does seem excessive) was used against you, and the question of whether you were stealing is a matter of proof when you get to Court. You can prove you already owned the item through receipts, friends who will testify. If you are on camera, of course, you will view that and explain.

You, of course, will need photos of the damage to your face from the punch.

The store, of course, will have its own witnesses concerning if you were or were not out of control, if you did or did not steal.

Will the arrest stand up in Court? Yes. Will you be convicted? It depends on what I've written.

Meanwhile, from Wikipedia:

"Canada

In Canada, equivalent rights exist pursuant to the Charter of Rights and Freedoms. Under the Charter, an arrested person has the right:
To be informed promptly of the reasons therefore.
To retain and instruct counsel without delay and be informed of that right.
To have the validity of the detention determined by way of habeas corpus and to be released if the detention is not lawful.

The Canadian Charter warning reads (varies by police service): "You are under arrest for _________ (charge), do you understand? You have the right to retain and instruct counsel without delay. We will provide you with a toll-free telephone lawyer referral service, if you do not have your own lawyer. Anything you say can be used in court as evidence. Do you understand? Would you like to speak to a lawyer?" (See: R. v. Hebert [1990] 2 S.C.R. 151)

A more detailed version: "I am arresting you for (charge). It is my duty to inform you that you have the right to retain and instruct counsel without delay. You may call any lawyer you want. There is a 24-hour telephone service available which provides a legal aid duty lawyer who can give you legal advice in private. This advice is given without charge and the lawyer can explain the legal aid plan to you. If you wish to contact a legal aid duty lawyer, I can provide you with a telephone number. Do you understand? Do you want to call a lawyer? You are not obliged to say anything, but anything you do say may be given in evidence." (See: Brydges caution)

Section 11 of the Charter further provides that a person cannot be compelled to be a witness in a proceeding against them (s. 11(c) - Protection against Self-incrimination) and is presumed innocent until proven guilty according to law in a fair and public hearing by an independent and impartial tribunal (s. 11(d)). Section 14 of the Charter further provides that a translator must be made available so that the person can understand the proceedings against them. This right to a translator extends to the deaf.

While Section 7 of the Charter guarantees the right to remain silent, Canadian law does not entitle the criminal suspect to have counsel present during an interrogation. Once a suspect has asserted their right to counsel, the police are obliged to hold off in attempting to obtain evidence until the suspect has had a reasonable opportunity to contact legal counsel, however suspects do not have the right to have counsel present during the questioning. Also, in Canada even if the suspect emphatically asserts his decision to remain silent, the police may continue to interrogate him. Although this may give the suspect the impression that his claim of the right to silence is meaningless or that he has no such right, it is perfectly legal. In R. v. Singh (163 C.R.R. (2d) 280), the suspect invoked his right to remain silent 18 times and the police nevertheless continued to question him after each assertion of his right, but the Supreme Court of Canada found this consistent with Canada's Charter rights protections."

In didn't resist in the sense that you're thinking, it was more like he came up behind me and startled me and by instinct I tensed and tried to keep my head up.. I was then pushed awkwardly to the ground with my left arm pinned under my body while he was kneeling on me yelling at me to stop resisting. It's impossible when an approximately 200 lb man is on you with your left arm pinned under your body to go into handcuffs easily. I was punched full force in the face. Resulting in a gash in my lip, a severe black eye, fat lip and possible damage to my cheek bone which may require surgery, as well as tissue bruising and damage to my neck and my right shoulder. And there was two loss prevention officers there, as well as two regular employees from the store there

I'm sure your Physician(s) took photos. It's good that you have four witnesses - I'm sure the store doesn't want to get sued for your injuries so those employees will probably testify for you and against the Police.

I still don't understand what happened. You were shopping and wearing an article of clothing which you already owned. The Police came up behind you with no notice, said nothing, pushed you to the ground with your left arm pinned, he couldn't get the cuffs on so he punched you full in the face.

Where was this? This can't be store OR Police standard operating procedure.

I don't understand the "head up" part. I've never seen a shop lifter told to put his/her head down - but, again, I can't figure out what happened here or why the Police got so rough. At what point did Store Security get involved?

It would appear that the Police came out of nowhere so I am guessing that store security didn't stop you first?

By all means - get an Attorney and sue the Police and the store for your injuries if they happened as you have explained.

What was the item and WHERE IS THIS? Please answer the questions "we" are asking. The answers are important.

First, there is a common misunderstanding about being read one's rights. Definitely in the US it is not required and I think Canada is similar (you didn't confirm nor correct that you are in Canada). If you are not read your rights, it simply means that anything you say or do until you are read your rights cannot be used in court. It does not invalidate the arrest or the case against you. Also, I agree with Judy that a female officer does not need to be present except if a body search is required. So that doesn't invalidate the arrest either.

As for the excessive force, if you can prove that excessive force was used it gives you a cause of action against the police force, but it has NO affect on the validity of the arrest. On the other hand, to avoid a police brutality case, they may be willing to drop the case, if the store agrees.

So the case against you depends on the evidence the store has that you committed a theft, not about the circumstances of your arrest.

Do you have an attorney?

If it's "theft under" I would guess you're in Canada. The Canadian "Miranda rights" (I'm in the US) are quoted below. ...

If it's in Canada as JudyKayTee suspects, and if the Canadian law on this subject is similar to the way it works in the U.S. failure to read a suspect her rights doesn't matter unless she said something incruminating. Did you, Vintage?

The store cameras apparently saw my putting a necklace into my clutch purse, which was my cell phone being put into my clutch. I was wearing a necklace that my husband bought for me as an early Mother's day present which was on me when I walked into the store. I had originally gone up to Walmart to purchase artificial nails and nail glue. I then wandered around, looked at razors, stopped by the women's clothes and looked at some other jewellry. I then paid for my items and was on my way to my car to go pick up my husband and two children.

I was confronted at the main entrance by the "loss prevention officers" of the store and was informed that by camera they saw me putting a chain into my clutch and they wanted it back, and also an attempt to thieve a gift box of razors (the big ones that have the razor, shaving cream and extras in it). I informed them that the only chains that I had were the one that was on my neck and the keychain that has my car keys and house keys on it.

I then started to continue to walk to my car, because I had to pick up my family and be at work for three that after noon. Because I was not talking to them,and I called my husband to explain to him what was going on, the one person called the police and had them show up.

The officer showed up, swore at me and never said anything again to me. I was about five feet away from my car when he grabbed me extremely forcefully from by the back of my neck and forced me to the ground, by instinct, I had tried to keep my head up because as a woman, there is an unknown attacker from behind me. When I was forced to the ground, my left arm was pinned underneath my body, and at this time, he was yelling at me to stop resisting and I had a very hard time to try and comply because I was pinned. After 2-3 times of him saying this, he then punched me in the face.

The item was a fairly cheap necklace that had three keys on it, the largest with pink threads, the medium with purple threads, and the smallest with black threads.The necklace was purchased the same day as a dress that was bought for me, some outfits for our children and some other items. This all happened in the Parking lot of the Walmart store in my city

I have pictures of myself wearing the necklace days before the incident and the day of the incident. The hospital in my city also has records of me being there, as well as forwarded copies of the incident to my doctor.

I am in canada, sorry I missed a few posts. I don`t believe that I said anything incriminating at the time, but I was dazed from the blow. When it all happened I was on the phone with my husband and he heard most of what happened at the time. Including the cry that I made after the officer struck me. After I was handcuffed, the LPO told them that the chain that I had on was the one that was stolen, and then it was removed from my person and given back to them.

They took my personal property from me.I don't have a lawyer as of yet, all the legal aid offices that I have called are closed on the weekends. The only thing that they have evidence wise is the necklace which the removed from me which was mine in the first place.

And the mug shot that they took of me at the time, my face was not even cleaned up of the blood from the blow to the face, there is blood from my cheek bone, covering my cheek, mouth, chin , neck and shoulder, which I am unable to attain copies of because of it now being property of the police and I would have to go through CPIC to ge a copy of the record and photo.

Thanks for clarifying the situation. You made a big mistake by ignoring the store security. What you should have done is explain to the store security that you did put a chain into your purse but it was your own chain that you took off.

In any case, you were apparently walking away from the police officer, another mistake, when he restrained you. That can qualify as resisting arrest.

So, to recap, from my angle, it appears the store had sufficient reason to question you. But you ignored their right to do so. You handled the whole thing badly and I believe may have given the store at least some justification for its actions. You may have even given the police officer some justification for his actions.

So, you can beat the shoplifting charge by showing proof that the chain was yours. But you may have to go to court to do so. And you can file suit against the police department for excessive force. Not sure whether you can win that, but I think you have a reasonable chance, since the police officer was called to a shoplifitng he should have had a reasonable expectation of non violence.

I did explain to them that it was indeed my own chain that I had on when they stopped me, and I did tell them that I put my phone in my clutch when they said that I had put the chain into my purse. I was wearing it when they talked to me. I do understand that I should have stopped, but I was more concerned about getting to my children then talking to them. I told them numerous times that the chain I had on was mine and it was bought for me two weeks ago.

The officer never said stop, or stay where you are when he showed up.

I don't believe there was any reason for him to have struck me the way that he did, because of instinct and being scared to hell, my first thought when he grabbed me was oh my god, it's a rapist or murderer. So I of course am not going to respond in a gentle manner and go down willingly when that thought is running through my head. I also was not a threat to his safety, nor anyone else's at the time.

I have already filed a complaint with the board that deals with this kind of thing in ontario for excessive police action.

There are a lot of things that I could have done differently, but in the moment I was not thinking, and I just wanted to get to my children, go home and then go to work.

Have you been charged with the theft? Are you being prosecuted? As I said, I think you can beat that. I would talk to the prosecutor if you are being charged.

So you filed a complaint. Did they give you a time frame?

The papers say that I am, but because of all the stuff that I have proof of, I don't think that it will fly, and as for the complaint, I should be hearing something within the next three business days..

Sorry, but I'm having a problem with this. You knew there was a Police Officer trying to talk to you but you thought the person who grabbed you was a murderer or a rapist?

If I were hired to do this investigation (and I sometimes am):

I'm an investigator - that's what I do. I've done shoplifting cases from both sides. This is not a foreign story to me.

Am I right - the LPOs claimed to have you on tape putting a chain into your clutch. They also alleged an “attempt” to steal a gift box of razors. I have no idea what the “attempt” was or what they were claiming. How are you wearing a necklace and having a chain in your purse related? Did they allege you put it in your purse, removed it, put it on? Did you have a chain in your purse when arrested PLUS one around your neck?

You continued to walk to your car after what appears to be a brief conversation with the LPOs, refused to go back into the store OR allow them to look in your purse (I would surmise) - ? At any rate, you refused to talk to the LPOs so they called the Police - also, you had to be at work and had no time for any of this. During this (I would guess short) walk to your car you telephoned your husband to explain the situation to him and the Police were called AND had time to show up. You also had no time for the Police, turned your back and continued toward your car.

This is where it gets confusing - the Police either came up from behind you unexpectedly OR “swore at you” (which I don't believe is standard Police procedure) and grabbed you from behind, forcing you to the ground, without any other conversation/provocation. You knew he was a Police Officer but you turned your back and kept walking while he was talking/swearing/something else at you? You KNEW there was a Police Officer at the scene (plus the LPOs) but when you were grabbed you thought it was an unknown attacker, some other party?

The Officer forced you to the ground from the back, face down, your arm pinned beneath your body, but he was able to punch you in the face?

You have proof of the purchase of the “original” necklace and no other necklace was found in your purse?

I don't doubt that you were accused of shoplifting. I also don't doubt that you refused to talk to Store Security (in fact, you made a phone call and walked away from them). They always had three choices - ignore the attempted shoplifting, stop you or call the Police. In an apparently very brief period the Police arrived and you also turned your back on them, without any conversation. You were then slammed to the ground by an unknown party or parties (despite the small group of security and Police and undoubtedly bystanders) and punched in the face.

At this point I don't see the need to punch you in the face - unless you were injured when your face hit the parking lot pavement. I do see a need to get your attention.

So - I think I need a more detailed explanation in order to understand what happened.

I think the question whether only a female officer can arrest a female has been answered.

I'll be curious to see what happens next - I almost always agree with Scott but on this particular question I think you're going to have problems in Court.

Of course, only time will tell - and this is easily searched in Ontario.

I think the entire situation got out of control but in my book when the Police want to talk to me they don't have to say "stop" or "stay" or anything more than an attempt to talk to me. I find it very difficult to believe that the Police walked into a non-physical situation, swore at you without saying anything else, took you down and punched you in the face.

Sorry - but it's an opinion board.

I understand that this is an opinion board.

No the officer did not say anything to me other than a sentence with the word "ing" in it.
The only chain that was in my purse was my key chain. With three house keys, a car key and a chain that has four different coloured skulls on them with flowers. The chain they say that I stole was on around my neck. Which was purchased two weeks before, by my husband

Yes I continued to walk away on the phone with my husband. For no other reason then the fact that I had to leave to get my family and go to work. I did not have time to stand there. The LPO's did not ask to go into my purse.It was not the attempt to steal the razors, it was a necklace that they say they saw me place in my clutch, which was my cellphone with a lime green case on it, they said there was an attempt to steal razors, after I explained to them that I only had the necklace that I was wearing and the keychain in my clutch. Which is no bigger then a pack of John Players cigarettes. It would have been impossible to fit anything but my id case, my cell phone, money and change from my purchases.

I agree, it is not standard police procedure to swear at a person. Yes, I KNEW there was an officer and store security there, BUT as I said, someone coming from behind, I wasn't thinking "hey this is the cop that just swore at me" I reacted, but not violently.

ANd believe it because it happened. I have the black eye and the fat lip to prove it, as well as the LPO's and store employees that saw it happen.

It was a non physical situation that he walked in on, I was not yelling at anyone, nor was I threatening anyone with physical harm, nor did I have a weapon. I was walking. Of course, people do stupid things when in situations like this, but it happens. Not everyone thinks in a common mind when they are being confronted in an almost surreal situation and being accused of a crime that was not committed.

The only injuries that I sustained from being forced to the ground was superficial scrapes to my left knee and shin, and left elbow. The officer hit me on the right side of my face. And punching me in the face to get my attention is a little excessive. My left arm was pinned underneath my body, I was not on the ground flat on my stomach, my right wrist was cuffed,and he had it behind my back at the time of hitting me. I was essentially in the fetal position on the ground, but my left arm was , again, pinned underneath me. As I said, there was no way I could easily abide what he wanted me to do, when his weight was on me, as well as my arm being stuck. "Stop resisting" was repeated 2-3 times then I was struck in the face. As soon as the blood came out, he then said "maybe you shouldnt resist"

I have no reason to sit here and lie to people who I don't know about the situation that happened, nor do I have reason to lie to not only my family or the police. I again realize this is an opinion board, and I am trying to explain the situation as best I can. I know it is hard to believe that a cop punched someone in the face for an essentially non violent call. But it happened. I only asked the question because as of right now, I have no other sources, due to it being the weekend.

I appreciate the help.

First, no one is saying you are lying. But we do get these type of questions, not infrequently. Your claims about the police officer's actions are odd. In fact, there are several oddities. I'm sure you are relating your recollections, but your recollections may be skewed. Frankly, I'm inclined to believe you because you have admitted your own mistakes.

But to believe you means believing that a trained police officer acted way beyond the way he should have. That's what makes it hard. So the bottom line here there are two issues. One is the prosecution for theft. I don't see a worry there. The second is the brutality issue. So you wait for the ruling and then decide how to proceed from there.

Store security called the police because you failed to stop when they ordered you to. The store security had you "under custody" at that time and you

Once you failed to obey the instructions, I am sorry they may use force to stop you. While you feel ignoring them is OK, it is no different in law as a person "running from the police"


Next sorry most arrests are made without having "rights" read and often are not read till you get back to the station house. And even if they don't it will not get the charges dismissed.

And no, women get arrested every day without a women officer present, there is no requirement for that. The officer if needed can even search the women if needed.

Also if he had you down on the ground, putting hand cuffs on you, how did he punch you in the face. Or in fighting, he he hit you trying to grap you most likely

He did not hit me trying to grab me. He already had me on the ground as I have stated in previous posts with my left arm stuck under my body and then punched me in the face. It happened. My right wrist was already in cuffs when the he struck me. Also I was not fighting with him. He grabbed the back of my neck and forced me down to the ground causing my left side to be pinned and my rights side somewhat facing up. I was not laying prone on my stomach as in most cases when an arrest happens...

Again - I have no idea where the truth lies. I wasn't there. Other people were and they will be witnesses on one side or the other.

And, again, when store security asks you a question and your response is to keep walking and the Police try to talk to you but your response is to keep walking you probably should expect SOMETHING to happen.

You were more interested in getting to your children than talking to law enforcement? I'm an ex-Fed. The worst thing you could do was walk away from me when I was asking you a question. It's rude, it's ignorant - and it's basically fleeing.

I'm still having difficulty with you walking away from store security than walking away from the Police and then, when you get grabbed from behind (which appears to be the only way to approach a person who is leaving and heading for her car) you think a rapist or murderer has grabbed you? I don't believe it.

Do you have any previous charges as an adult, a child, somewhere in between?

I am done debating the issue. I've asked questions, they've been answered, I hope you come back and post the outcome.

... he grabbed me extremely forcefully from by the back of my neck and forced me to the ground, ...
he then punched me in the face.
...

If he forced you to the ground, face first, evidently, how could he have then punched you in the face?

If he forced you to the ground, face first, evidently, how could he have then punched you in the face?


I believe I asked that - the answer was that this was not a "usual" arrest.

According to you, they claimed you put the necklace into your bag but then when you were arrested, they took it off your neck? That seems a little odd to me.

According to you, they claimed you put the necklace into your bag but then when you were arrested, they took it off your neck? That seems a little odd to me.


I asked at #14 - OP did not answer. Brings up the whole issue of why you would stop and look at a necklace when you already the same, identical necklace purchased at the same, identical store.

Sorry I have made many arrests and even taught hand cuffing at the law enforcement schools. If you are laying chest down, with one hand behind you in a cuff, and you are resisting ( keeping one hand under you) The officer is above and beside you. He has one hand holding the cuff and your hand/arm. Two choices here, if you broke the hand with the cuff free, you are considered dangerous and yes he would have hit you, or shoved your face into the ground to gain control of the cuff.
If you would not give him the other hand, he would have put a lot of pressure on the arm to cause serious pain, The other he would have reached perhaps around your face to try and get a pressure point to cause you more pain to make you give him the arm. In a fight, reaching for that pressure point can hit your face. It is not a punch but a jab.

Also at the point you would not allow him to cuff you, he is actually allowed to use the amount of force needed to get you under control, since you were not complying with orders.

Any of my students would have most likely dislocated your shoulder, left serious bruises on your wrist from the cuff being twisted seriously and you would have had bruises on your side from their kness holding you and pushing into you. At the point you will not cuff, you are going to be hurt, that is what happens, when you resist.

Also if he had you down on the ground, putting hand cuffs on you, how did he punch you in the face. Hello:

While "face down" with the cop on her back, her face is NOT pointed straight down. It's cocked to one side or the other... Therefore, a cop COULD hit her in the face.

Although it's AGAINST procedure, WOULD a cop hit somebody in the face?? YES! Let me say that AGAIN, YES a cop WOULD hit a defenseless person on the ground...

excon

Ok, let's stop speculating here. The OP has filed a complaint with the property authority. She has witnesses to what happened. I understand how some parts of her story don't make sense. But the advice she came for was whether her arrest would stand up. Those questions were answered. Lets what and see what the authority says about the excessive force complaint, if the OP comes back and lets us know (which I hope she will) and go from there.

Ok, let's stop speculating here. Hello Scott:

I'm just correcting the speculative idea that her face COULDN'T have been hit if she was "face down".

excon

Right now Toronto police are under much scrutiny and possible charges after their treatment of G20 'supposed protesters' and actual protesters where much of this type of abuse actually happened, sanctioned and ordered. You can look it up on the net, it happened in 2010. Most of the people who were put in holding cells have placed law suits.

What OP is describing is much like that; many people were punched and kicked by the police under orders. So if she wants to sue, then she will probably have a case because of this treatment which was similar; could be she is counting on that.