If someone is arrested for something and it is later discovered that the arresting officer planted the eveidence can you sue
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
If someone is arrested for something and it is later discovered that the arresting officer planted the eveidence can you sue
Like if I was arrested in Florida for possession of meth but
the cop planted it and it was proven in court can I sue the
county for false imprisonment and other losses?
Asked on July 18, 2019 under Criminal Law, Florida
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 4 years ago | Contributor
You may be able to sue the county (you can also sue the officer). An employer, including the county, is generally not liable for the criminal acts of its employees unless the criminal act was done in the course of employment, in order to further the employer's goals. Planting evidence to get an arrest or conviction goes to the heart of what the police do--it is part of their job to find evidence, make arrests, and support the prosecutor's office in seeking convictions. Therefore, this criminal act (unlike, say, an officer robbing someone, which has nothing to do with his job as a police officer) is one that since it was committed for and in the course of employment, may be one for which the county is liable. It would be worthwhile for you to consult with an attorney about the situation.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.