Legal Question in Constitutional Law in California

I was arrested for another aaron vansickles warrants, when i got to the station i thought they arrested me for my bench warrants but they arrested me for some guys dui hit and run, when they found out who i was, after they pulled me over and took me to the station they ran my name found i had warrants and decided to keep me for those, misdameter bench warrants, did they have probable cause to stop me and arrest me, if not was it wrong for them to keep me when they found i was not the person issued in the warrant? i had to post bail to get out.

Asked on 4/22/13, 3:50 pm

1 Answer from Attorneys

Edward Hoffman Law Offices of Edward A. Hoffman

A brief arrest due to mistaken identity is not a constitutional violation if the mistake is reasonable. That could change if the police conduct their work improperly, but that doesn't seem to be what happened hear. Instead, while you were mistakenly detained, the police realized the person you claimed to be has outstanding warrants. Then, once they verified your identity, and arrested you for those warrants. A rule which required them to ignore the warrants and let you go would not serve the rules of justice.

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Answered on 4/22/13, 6:19 pm

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