I was walking down the street with an unopenned bottle of liquor. A cop rolled up on me and asked to see the bottle. He saw that the cap was still sealed, yet he still confiscated it. he asked me where i bought it, and i told him it was none of his business. he came to my apartment a couple days later and arrested me for retail fruad. I was in jail for 21 days and was let out on a PR bond. I havent been to court again for this case, and its been over a year. the police report indicates that i went into the store with my jacket unzipped and left with my jacket zipped, and the store where he did the investigation indicated that they have 6 unaccounted for half galllons missing. This isnt even the store where the liquor was purchased. i want to be compinsated for the incarceration.
It is unlikely that you can sue.. unless you can definitely prove that you purchased the unopened bottle and where..
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1 lawyer agrees
DUI / DWI Attorney
I have to agree with Attorney Weiner. Without giving up any information about where you purchased it, you are not going to win an argument that the cop was wrong. Plus, the cop must base his arrest on probable cause, not full and complete proof. If he did not have probable cause to arrest you, you may have a claim, but if the store claimed you stole the liquor and you didn't help yourself by telling the cop that it was none of his business, the cop may have had probable cause tobelieve you committed the crime. Sometime during that 21 days you sat in jail you could have said, "Hey, I bought it at XYZ store and here's my receipt, or my credit card I used, or they have video, etc." Now, being over a year, you should just count yourself lucky you haven't been convicted. Good luck though!
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Criminal Defense Attorney
Over one year on a personal bond and you haven't heard anything? Generally, one would want to know if the case was dismissed or if you missed court dates that you were unaware of. Call the court.
The question, as far as a civil suit, is whether the officer had probable cause to arrest you for larceny at the time of the arrest. Was a bottle of liquor reported stolen? Did a person report a potential theft to the police from a store near the time and date of the vicinity you were located in?
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