[carlo82]

Hey guys new here, just was wondering if anybody can help me. Last night I was at a club and someone got hit with a beer bottle. Anyway while I was there a officer at the night club brought me to a security room above the night club and said they were going to review video. I guess I fit the description of the person they were looking for. So the whole time I was sure they were going to just let me go, cause I had nothing to do with this incident and they won't see me in the video. Well the victim looked at me and said I was the one who did it and the whole time I'm thinking " Who is this guy, and why am I the one being blamed I have nothing to do with it." An officer then came to the room arrested me and brought me into the station, repeatedly told the officer I was not involved in the incident and also asked if they even looked at the video that they said they were going to look at. Anyway I spent a few hours in the holding cell and they let me out on a bond, and have a court date. After leaving the station my friend called me a couple hours later and said he saw who hit the guy with the bottle and knows who the guy is.
Is this considered false arrest? After all they did arrest the wrong person and am still curious about this "video" they viewed. If so do I have a case? I'm just furious that I was arrested for something I didn't do.

[excon]

Hello carlo:

Nope. False arrest is if they KNEW you weren't the guy. I think they just made a mistake here.

Course, if I were you, I'd be worried more about being convicted than I would be about suing them.

excon

[carlo82]

Thanks for answering, I've been just upset the whole day that I went to jail for something I didn't do. And the thing is my friend saw the fight happen and knows who threw the bottle, he even tried calling the station I was in but said no one was picking up the phone.

[excon]

Hello again, carlo:

Yeah, once they bust somebody, they close the station and go home.

excon

[ScottGem]

You NEED to get an attorney here. First, the victim's ID can either be rendered non admissible or refuted in court. An ID like that has to be made from a lineup or photo array. They can't just bring up a guy and say is this the guy?

Second, your attorney can get a copy of the video for review. If the video doesn't show anything and you have your friend as a witness, you might be able to dissuade the DA from prosecuting.

[carlo82]

Thanks Scott, Im going to definitely going to get for attorney. I also forgot to mention were they supposed to ready my rights, I believe that's what its called, before they arrested me? Because the officer never did she just told "I'm taking you to the car to get a statement." And she ended up taking me to the station to file the complaint.

[ScottGem]

That's not quite how it works. Yes they are supposed to read you your rights before formally arresting you. But if they don't it just means they can't use anything you said while in custody against you. But that doesn't mean they can't use other evidence.

[Fr_Chuck]

Well I will disagree slightly with Scott on a few points. But first you need an Attorney, a good criminal law attorney, and sadly it won't be cheap.

But no it is not false arrest it is merely arresting the wrong person, who was identified by the victim. This happens every day a 100 times a day.

But there are many forms of ID, and no they don't have to use a line up, that is TV police, it is very common to show the victim a suspect at the scene and let them say yes or no. We used to show the victim a suspect in the back of a police car a few times a week, it was very acceptable and done all the time.

But there were many things a attorney can do, depending on your law and the size of your check book. Most likely they will want to investigate.
Plus if you know who it was, that evidence should be given to the police.