Arrest, Search, Seizure, Warrant Improper arrest?

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londonmichaels

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I would like to know if I have a viable claim to file a civil suit against my local police department. The issue is as follows:

I had been arrested and charged with a misdemeanor offense of domestic violence-assault. I posted $100.00 bond and was released after processing. The condition of my bond was to have no further contact with the alleged victim...a minor to whose mother i was married but seperated from at the time. I was allowed to contact the mother(my wife). My wife, a week later, called the police to report I had attempted to contact the minor via a cell phone. This took place on a Friday, and I was arrested at 5pm and jailed on a bond violation.

I spent 72 hours in a holding cell with various other people, because I was told I could not be put in general population until I appeared brfore the district court judge. The details of my stay I will forego, for the time being.
After 72 hrs in jail, the judge offered me the option for tether release...at a substantial cost to me. I accepted and through the generosity of others, was able to be released on tether. My court date for my bond violation hearing, was set for after the Christmas holidays...about 3 1/2 weeks later.
During this time, I had to pay inital cost of $250... and $105 per week thereafter. During this time, I lost my job due to the tether restrictions.

Fast forward to the hearing...my lawyer questioned the officer who had taken the call from my estranged wife and submited his report to the judge, who signed the arrest warrant. Through his testimony, my lawyer proved that his investigation into my wife's allegation was negligent; that I had attempted to contact the minor was practically non-existent. He basically just took her word for it without any proper evidence that I and indeed violated my bond. I will spare you the details of the tesitmony and cross-examination. Consequently, the judge dismissed the bond vilolation charge and I was released from the tether program and returned to my original bond status.

Would a civil suit against this officer and the department and city be a reasonable pursuit? The officer's sworn statements in court did attest to the fact that he did not follw proper protocol in conducting his investigation, before determing a arrest was warranted and went to the prosecutor and judge. I am not looking to "break the bank" with a suit, however, I strongly feel there was clear negligence that resulted in a invalid aarrest warrant. The resulting ordeal in jail, the costs of tether, lost wages, and yes, emotional and mental distress; are issues for which someone should be held accountable. Not to mention, the fact that this officer did not conduct himself properly in his actions needs to be addressed.

I live in Michigan and the incident took place in December of 2007. Please offer any help you can on this matter. Thank you.
 
a suite with the state is vary unlikely to be decided in your favor. A jury is likely to see that the officer and the judge were following protocol and to be frank a state defense lawyer will explore your charge of assault and relay it to the jury and show the statistics and its going be a big mess take years to resolve and cost you thousands of dollars. So you can if you want but i would not recommend it.
 
Would a civil suit against this officer and the department and city be a reasonable pursuit?
Probably not. But, have you consulted an attorney about it? The damages might be negligible if you prevailed, so I doubt it will be worth the risk ... but, it's your call.

The officer's sworn statements in court did attest to the fact that he did not follw proper protocol in conducting his investigation, before determing a arrest was warranted and went to the prosecutor and judge.
Even with weak probable cause, it appears that probable cause to support the warrant DID exist. And, a judge DID issue a warrant based upon the officer's account. Unless you can show that the officer lied to the judge to obtain the warrant, the fact that an arrest warrant was issued will go a long way to protect the officer and his agency from any civil suit.

Note that the police do not have to perform a thorough investigation. In fact, they do not legally have to investigate much of anything. An arrest may be made upon establishing probable cause to believe a crime was committed and that the person arrested or charged committed the crime. This is actually a relatively low burden of proof and can often be met with little proof or even a statement by a witness or victim.

Not to mention, the fact that this officer did not conduct himself properly in his actions needs to be addressed.
Any personnel matters are something you need to bring up with the agency. File a complaint with them.


- Carl
 
I think you really need a divorce attorney. In my experience the police will always side with the woman, especially since you had already been arrested for DV.

You have no case against the officer or department.
 
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