'False Arrest! I'll sue you!' Lehto's Law - Ep. 5.92

A lot of people scream about suing the police for false arrest. But what is it and how does it work?

[emptynester]

Many years ago, a woman was driving late at night, in a storm. She came upon a railroad grade crossing, as the signals activated, and the gates came down. A police officer, with his ranking officer, riding with him, were behind her. She stopped for the lowering gates. The cop behind her, did not expect her to stop, slammed on his brakes, the cruiser went into a skid, and smashed into the back of her car. The middle rear of her car was smashed in, as well as the right front of the cruiser. The ranking officer charged her with "improper backing", and damage to city property. She signed a ticket against the cop driving for failing to stop, to avoid an accident. Her lawyer got a change of venue for the ticket trials. When the judge looked at the pictures of damage, he found her not guilty, and the cop guilty. The judge advised her to consider a "false arrest suit" against the city, and cop.

[johnsnape]

I remember an episode of COPS where they were about to arrest a guy for domestic violence. He said he had no problem suing them for false arrest because they did the barest of investigations. They started asking the neighbors about the incident and they all said the wife was the perpetrator. He was released and she was arrested.

[mikerichards]

Brilliant explanation. Simple, clear, and illustrative. Thanks Steve.

[Hooverdarnit]

Over two and a half years ago, I was falsely arrested and convicted for indecent exposure while standing two feet outside my back door facing an alley. My neighbor across the alley told the police I was naked. Eleven days ago, I received copies of some photographs that are dated to the day of my arrest, taken by that same neighbor, that proved I was not naked but wearing a black string thong bikini. The prosecutor hid these photos from me and my jury. If I win my appeal, I'll be buying a new house.

[sierracharlie]

Everyone needs a Steve Lehto in their car when pulled over.

[cal]

Why is it not considered kidnapping you were taking from one location to another without your consent

[Kevin-fduc]

Cops in the Detroit need to be charged with the appropriate felony charges. Lock up enough cops and the rest will think twice before they violate the rights of citizens.

[thefnaffan]

My ex wife busted out my headlight, so I went to the police station to have an officer talk to her, I explained that and left. 3 months later, I had a warrant out for me for domestic violence. A police friend of mine told me about the warrant. They had a warrant but no cause for it. I turned myself in and had to spend 20 hrs in jail for a cool down period.... Pissed me off, I went to the station because ex had a temper, busted headlight, had a warrant for domestic, 3 months later, automatic 20 hr cool down period. I fought it all and got ALL charges dropped. I wanted to sue but my lawyer said, not enough for a case. I'll will never trust cops again. I did call that cop I talk to about the ex after I got out of jail and cussed his ass out. POS

[q.t.gamingfamily]

Well, if a non law enforcement, non security guard, total stranger just decides to confine me, I can do whatever I have to prevent that. Forget "false arrest"; I'm standing my ground.

[jasonbeymer]

Thank you very much for these detailed videos. You remind me a bit of my law professor David Gunther at Central Michigan University. He taught me to think from both sides of the argument, and then to really look into the law to understand what exactly was violated.

[jamesmills]

We were on vacation a few years ago in Arizona and I had a long conversation with a very interesting cowboy complete with boots, hat and pistol on his side. We started
talking horses and he told me this story. He caught two hunters on his property, trespassing and hunting out of season. He made them take off their clothes, get in the back of his pickup and he drove about twenty miles to the justice of the peace. After a long conversation he said the justice decided to let them go. He said the cold ride and the humiliation were probably sufficient this time. He runs a horse rescue and doesn't like people discharging rifles around the horses.

[comcastjohn]

My coworkers and supervisors always did our due diligence at the Sheriffs office I worked at in Ga for 15 years. It saved us so much. Always do your due diligence.

[pinkymixology]

Worked for someone I know. NYPD paid out $200, 000 for arresting someone just for not having ID on them while walking down the sidewalk.

[garthwiebe]

The arrest will show up on your background check. It will effect potential employment. That’s why you must go after their Suriety bonds when civil rights are violated.

[pennybuildingfool]

Steve, great video and extremely informative. Phoenix, AZ. is listening.

[danieljonhson]

I worked as a security guard for a few years and the best advice I ever got was only make a citizens arrest if you see the crime being committed and only if it's a felony.

[justinfantastic]

I was arrested for not paying a couple hundred dollar traffic ticket in my 20's, I wasn't in the best financial shape as a young man. They put me into a cell for 3-4 days.. no working toilet or sink and just forgot about me ( i think they actually did it was the door type cell with a scratched up clouded window). Guy opens door to put a guy in with me and yelled that someone was already in their. I was thrown on the street with borderline kidney failure and severe dehydration. Lucky I survived. Tried to report it, was threatened into silence and told it never happened. I have kidney problems to this day from it.Before this I was a huge supporter of the police, still am in many regards, but I am absolutely terrified of them today over that exp. sometimes I start hyperventilating shaking lol..sucks when your conscious says there the good guys but your subconscious says HELL NO!

[jaybreezy]

What if a false arrest was made 12 years ago and was later dropped but it’s still on my record. I’ve applied for law enforcement jobs but was never selected. I only spend 2 days in holding. Would I still be able to sue and win?

[leadweightguy]

Steve.. Love the videos, I appreciate all your attention to detail!

[tfboonesr]

This question came up in a class of Texas LEOs. Technically, when an officer makes a traffic stop, that stop is an arrest. When the driver signs the ticket, that essentially becomes a PR bond on that charge.