Upland, CA asked in Civil Litigation for California

Q: Husband and I handcuffed and arrested at local supermarket for unknowingly driving with stolen license plates?

My husband and i were about to drive away from our local super market parking lot when we were blocked in by police officer vehicles, a helicopter, guns drawn and pointed, screaming at us to put our hands up. After about 10 minutes of having our hands up , being humiliated with people recording us and watching us in our local neighborhood, they ask us to step out of the vehicle individually, have us walk background, get on the floor and were handcuffed and placed in the back of cop cars individually. After another 20 minutes or so it was discovered that someone stole my license plates and put their stolen license plates on my car, thus the outcome. Do my husband and i have any legal recourse in this matter? Very traumatic, embarassing and stressful experience that is leading us to emotional anxiety.

Related Topics:
1 Lawyer Answer
Jason Kelly Smith
Jason Kelly Smith
  • Irvine, CA
  • Licensed in California

A: It sounds like you were involved in a felony stop. That would explain the helicopter and the extra police presence. The officers also had their weapons drawn while you were asked to exit the car. If the plates were stolen then there is probably a good argument that there was probable cause to conduct a felony stop. That would make a difficult case. Was excessive force was used while handcuffing you? Any injuries to shoulders or arms?

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.