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Fasle reason for arrest

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Hi all my question is can i file a claim against the officer in personal or official capacity? And how? I'll warn everyone now I'm no lawyer and I have to read a statue over a few times to get what i hope is the correct meaning. Anyways about 1and half year ago my father was pulled over for speeding, i was passenger, the officer approached passenger side of vehicle, i was not wearing a seat belt officer notices this and asks me for id. I did not  have it with me. He then pulls out a pen and pad asks for my ss#. I tell him i dont feel comfortable giving him that info and offer to give my name. He them makes an ultimatum of 5secs to give said ss# number or jail. Well i went to jail. Failure to identify and no seat belt. me offering name, officer not accepting name and demanding ss# all on video. 

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In court at trail officer says it was easier to id with ss#. That D.A.V.D. would pull up all names similar to mine and officer would have to manually select each name to see a pic ascosiated with name. Court ordered state to verify this and there was only me that was listed. Judge dismissed jury then said some things real quick that i didnt understand then ordered me to pay seat belt ticket. Now i know seat belt was my fault yet me going to jail was officers fault from what i understood so im basically seeking compensation for my jail time of one day of which i had to pay 100$ of 500$ bond. Ticket was about 150$.

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The problem is that you had violated the seat belt law and the officer needed to have adequate indentifying information to complete the citation. You can quibble about whether the officer really needed the SSN but the officer is allowed by law to require you to provide that information in this kind of circumstance.  If you don't the officer may detain you until the officer can verify your identity. Had you simply complied with the officer's request for the SSN you'd likely not have been arrested. So I'm not seeing a good case here to make against the city or county 

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You can sue anyone you like, and you're obviously free to consult with a local attorney, but (1) you have no valid claim because you could have been taken into custody anyway (and, as such, you suffered no damages); and (2) in order to pursue a claim of this sort, you need to file a claim with the department or city as a prerequisite to suing, and the window on that sort of thing is typically very short (e.g., within 90 days after the incident).  After a year and a half, you're way too late.  Section 768.28 of the Florida Statutes appears to be the relevant law, but I don't have the time to read through it.

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According to 768.28, if i read correctly its 3yrs. 

(6)(a) An action may not be instituted on a claim against the state or one of its agencies or subdivisions unless the claimant presents the claim in writing to the appropriate agency, and also, except as to any claim against a municipality, county, or the Florida Space Authority, presents such claim in writing to the Department of Financial Services, within 3 years after such claim accrues and the Department of Financial Services or the appropriate agency denies the claim in writing; except that, if:

1. Such claim is for contribution pursuant to s. 768.31, it must be so presented within 6 months after the judgment against the tortfeasor seeking contribution has become final by lapse of time for appeal or after appellate review or, if there is no such judgment, within 6 months after the tortfeasor seeking contribution has either discharged the common liability by payment or agreed, while the action is pending against her or him, to discharge the common liability; or
2. Such action is for wrongful death, the claimant must present the claim in writing to the Department of Financial Services within 2 years after the claim accrues

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1 hour ago, doucar said:

The statute refers to an "action".  THis means after you have filed your claim you have 3 years to institute an action, file suit, against the city/county/state.

 

That's not what the statute says.  The three year period mentioned refers to presentation of the claim in writing to the Department of Financial Services.

 

The problem I see is that the OP's potential claim appears to be against a local police department, so the "except as to any claim against a municipality" likely applies.  Obviously, that's in addition to the apparent lack of merit.

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