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.

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1 Lawyer Answer
Jason Kelly Smith
Jason Kelly Smith
Answered
  • 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?

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