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Zoey, JD
Zoey, JD, Attorney
Category: Legal
Satisfied Customers: 23573
Experience:  Active member of the NYS bar since 1989
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I was hand cuffed and placed in a police car an hour after

Customer Question

I was hand cuffed and placed in a police car for about an hour after arguing with agents at an Enterprise rental at the New Bern airport last tuesday, I was release after an hour, but it was a stressful, embarrassing, emotional event. The reason, the rental agents would not transport me to the New Bern, office in down town from the airport, nor would the office in New Bern would come pick me up at the airport. What can i do in recorse ?
Submitted: 1 year ago.
Category: Legal
Expert:  Zoey, JD replied 1 year ago.

Hello,

How did the police get involved in this incident? Were you given a citation and do you have to appear in court? If so, for what?

Customer: replied 1 year ago.
The manager of the enterprise at the airport, called security on me, i raise my voice after they refused to transport me to the New Burn enterprise location where my reservation was and they refused to call them and ask them to come pick me up at the airport. Either location wanted to give me a ride to the New Bern location, my phone was dead, i walked outside to get a cab, but none were available, i went back in the use the phone for the cab service when the manager call the rent a cop, he and discussed the issue, he did not like my attitude and cuffed me /placed me in the police car, then when back to ask the manager if she wanted to press charges, one hour later, the office came back to the car and released gave me an apology and called a cab that took me to New Bern, that office brought out a 80,000 Pathfinder to try to make up to me. The officer still had my license, the New Bern location called him to get the number so i could finish the paper work to take the Pathfinder, they were over the top nice, they new they F'ed up
Expert:  Zoey, JD replied 1 year ago.

Sorry for the delay. I took a break to walk the dogs and have breakfast.

Were the actual police ever involved in this instance or only store security? Was it store security or the police who cuffed and detained you? Was a police report made? Were charges ever pressed against you for disorderly conduct or for trespass? Finally, what is your question with regard to this incident?

Customer: replied 1 year ago.
The police office was a real policeman working as airport security for the whole airport, Enterprise manager call airport security, where he confronted me and did not like my attitude, cuffed me behind my back and tossed into the back of the squad car on my stomach,very uncomfortable, i have claustrophobia bad, i almost lost it, i was in the care for an hour, no charges were filed. Do I have a case for false imprisonment or false attempted arrest?
Expert:  Zoey, JD replied 1 year ago.

You can talk to a local civil lawyer about suing TSA for a false arrest. One difficulty is that you'd need to prove that there was no probable cause for the detention. In fact, airport security was called because of an argument you were having with the rental folks. That call to security would give the officers probable cause to detain you at least briefly. You also would need to have sustained damages. "Almost" losing it because you're claustrophobic doesn't rise to the level of personal injury and you didn't miss your flight or incur any economic hardship as a direct result of the police action.

These types of charges are difficult to make out, since police have a duty to respond to a complaint and were -- at least at the beginning -- doing no more than they were supposed to. But they did detain you for longer than I believe was strictly necessary under the circumstances, and in the end, they let you go with an apology. So while I don't think it's a strong case because I see no damages, it's certainly worth talking to a local civil litigator and seeing if you have viable grounds for anything more than an apology if not against the police than at least against Enterprise