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Stevexo
Stevexo, Criminal Attorney
Category: Criminal Law
Satisfied Customers: 1000
Experience:  Thirty years Criminal Defense
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My friend was falsely accused of shoplifting approximately

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My friend was falsely accused of shoplifting approximately 3 weeks ago. The police approached her and asked what did you take from the Safeway. She responded nothing and laughed. She thought it was a joke. The officer stated nothing was funny and again asked what did she take. She said nothing I just spent 71 dollars. One officer looked through her purse and found nothing. She explained she is visually impared and explained she has a magnifying glass in her purse and she may have appeared to have put something in her purse when it was her magnifying glass to read a medicine bottle.

The police officers taunted her and she was upset and asked what are you accusing me of and the officer said you do not get to ask the questions. She saw store personnel watching and yelled over to ask them what they are accusing her of and the officer stated she does not get to ask the questions.

The officer turned her around and cuffed her. He was rough. and walked her over the the police car. She asked him not to push her in the back seat hard because she has had rotator cuff surgery on both surgeries. She states the officer pushed he head harshly into the car and she was horizontal so she pulled her legs in before he slammed the door as she had leg surgery a couple of years ago.

She slipped her hand out of the hand cuff because her hand is small. She watched the police go to her vehicle and she was affraid because her docile old 105 lb rottweiler was in the back of truck. She began to yell please do not hurt him he is harmless.

The officers came back and one officer stated she got out of the cuffs. One officer opened the door and grabbed her arm shaking it in the air vigorously and then pressed down on her head and shoulders roughly until she deficated on herself.

Once the officers realized she had not stole merchandise she was let go. She did take the feces out of her underware and threw it, and the officers accused her of throwing something away. She explained what it was then since they could not find anything she was released.

She went to hospital for her injuries and made a report to the Sgt on duty. The Sgt came and she made a complaint on the officer. The officer told her he already notified the assaulting officer that she was filing a formal complaint.

8 hours later the assaulting officer filed disorderly conduct charges and obstruction charges on my friend.

She was arrested and fingerprinted last night.

Is this officer acting legally? If she was guility of these crimes why did he not take her while she was in the police car? She was never placed under arrest or charged with anything. So why 8 hours later could he file these charges when she has the pictures of her bruised body?
Submitted: 1 year ago.
Category: Criminal Law
Expert:  Stevexo replied 1 year ago.
Qualified as an expert in Criminal Law,30 years of Criminal Defense trial work. Police do many, things that does not mean that all of them are legal. This poor lady had committed no crime, and had been falsely arrested. The officer in order to justify his actions arrested her 8 hours later. This under the facts you have given me was not proper, yet does not mean that an officer cannot arrest a person 8 hours or even days after an incident. Many times people are not arrested until months later on a warrant. So it is not the fact alone of the late arrest, it is the fact that the arrest was made to cover this officers butt, and without legal justification. Now remember all the police do is arrest people, it is up to the DA or State Attorney to file the actual charges. Many times people are arrested, and the state is talked out of filing the charges. What she now needs to do, is get a good attorney to approach the state and make sure this case does not get filed on. If the State does not file, there will be no prosecution and her criminal problems are over. Then at this point she can pursue damages against the officer, and she should have a very good case and I wish her luck! Sincerely, Steve
Stevexo, Criminal Attorney
Category: Criminal Law
Satisfied Customers: 1000
Experience: Thirty years Criminal Defense
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Stevexo
Stevexo
Criminal Defense Attorney
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Thirty years Criminal Defense