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Lucy, Esq.
Lucy, Esq., Lawyer
Category: Criminal Law
Satisfied Customers: 29814
Experience:  Criminal Justice Degree, JD with Criminal Law Concentration. Worked for the DA and U.S. Attorney.
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A person accused me of stealing her husbands tires. She basically

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A person accused me of stealing her husbands tires. She basically showed up at the scene(a person from a nearby office called her; from my car I saw the person flagging her down to where I was with the customer) where I was showing tires to a potential customer.
The boxed truck was full of tires so in order to show the merchandise, I needed to take some tires out to make space for the client to walk into the truck to see the remaining tires. Because it was snowing and cold, I parked my pick up truck(road side assistance vehicle) behind the boxed truck to pull tires out and place them temporarily on the pick up.
The person accused me of stealing the tires from her husbands shop. She called the cops and cops heard her story, then they heard my version. A police officer searched my boxed truck and the tires on my pick up truck looking for the description that the lady gave of the stolen tires, all this was without my consent. Then, police asked for my ID and SS#, the officer invited me to sit in the back seat of the patrol car, I declined.
I did not see the police officers do a background check on the person that accused me of stealing tires. I felt discriminated because the two police officers where white along with the person that was accusing me, I am hispanic. My question is: can someone out of nowhere accuse you of stealing property and then not get asked for ID by the cops even though it was verified that I had no stolen property? Why was I the only one investigated? did the police violate procedures of some kind? the person came out of nowhere accusing me. I don't know that person, if anything she could have robbed me. I felt like I was the victim and anyway got the heat from the cops.
All this happended in Newark, New Jersey.

My name is XXXXX XXXXX I'd be happy to answer your questions today. I'm sorry to hear that this happened.

A person who reports a crime is presumed to be telling the truth - even in the case of anonymous informants, the law assumes that the person is being truthful. There is nothing in the law that requires that they investigate the person making the report. This is because public policy is to encourage people to call the police when they see or suspect they are seeing a crime in progress. If a person is afraid of being accused of a crime if he is wrong, then people will be less likely to make police reports. So, yes, a person who has reason to believe that a crime has ocurred can report it, and police do not have to ask that person for ID or investigate him/her.

If you'd had reason to believe that she was going to rob you, you could have called the police and they presumably would not have investigated you.

If a person shows up out of nowhere and knowingly and maliciously makes a false police report, that's a little different. Filing a false police report is a crime. But you'd have to show that she knew you weren't stealing, and she intentionally filed a false report just to get you in trouble.
Customer: replied 4 years ago.

Ok, makes sense. The only problem I have is that I ws treated kike crap. I didn't even get an apology from this person. I lost a $2500 sale on the spot.

Thanks anyway,

I really am sorry that this happened.

If you could prove that she knew you weren't stealing and was just trying to cost you the money, then you might have a suit against her. But it's hard to prove that.
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