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Can I sue for false arrest and/or imprisonment?

Hollywood, FL |

I was chagred with possession of cannabis and felony tampering with evidence (cannabis). The true fact is there was never any cannabis at all anywhere. Both officers swore in their probable cause affidavit that they recovered and field tested the "cannabis" that I supposedly tried to eat a whole handful of. When asked about this in their depositions, each said the other officer was the one who tested and recovered the cannabis, contradicting not only themselves, but each other also. One officer when asked what he did with this field test testified that he "threw it in the garbage somewhere". I highly doubt that they were trained to do that. That was their lie to justify the FACT that there never was any test or for that matter anything to test. State dropped case due to "credibility issue

Attorney Answers 3


  1. The facts you have outlined suggest you may very well have a valid claim against the officers. However, the heart of any civil lawsuit is the amount of damages. Unless you can prove significant damages you are unlikely to win significant money. Hiring an experienced attorney familiar with local conditions is very close to completely necessary, since the police will be represented by counsel very experienced in defending police against lawsuits.

    Contact me at 248-399-6930 for a free consultation. You and I do not have an attorney-client relationship formed by our communications on this website. Advice given by me on this website is general advice based on partial information. You should not rely on any advice given without first hiring a lawyer in the area where the case is pending, and providing that lawyer with full information.


  2. Maybe. You say that you were charged with possession and tampering with evidence, but you did not state whether you actually spent any time in jail. Proving anything other than nominal damages in your case (based on the facts or lack thereof as to actual imprisonment) is going to be difficult. For example, were you not hired for a job as a result of this false arrest? Sounds like the criminal charges were rightfully dropped, but I just don't see where you have a very valuable case for damages here.

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  3. This is a tricky question. In short, If they had probable cause to detain you the case would probably be dismissed at summary judgement and you may wind up owing attorneys fees. You really should seek out a civil rights attorney here I. Avvo and consult them.

    http://www.defendme.net | The response given is not intended to create, nor does it create an ongoing duty to respond to questions. The response does not form an attorney-client relationship, nor is it intended to be anything other than the educated opinion of the author. It should not be relied upon as legal advice. The response given is based upon the limited facts provided by the person asking the question. To the extent additional or different facts exist, the response might possibly change. Attorney is licensed to practice law only in the State of Florida. Responses are based solely on Florida law unless stated otherwise.

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