- Sep 4, 2003
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Apparently, you can be falsely reported to the police, get arrested, be let go, and then have no legal recourse! (OK, this won't destroy you, but it would still create a lot of hassle.)
What's to stop such abuse from happening?!
http://www.sfgate.com/cgi-bin/article.cgi?f=/c/a/2006/08/30/BUGTGKRHSF1.DTL
Here's a snippet:
The Supreme Court case, Hagberg vs. California Federal Bank, was remarkably similar to Shinnick's. It involved a woman who presented an unusually large check for deposit from her stockbroker. A teller believed the check was phony and called the police. The check turned out to be real, but by then the police had arrived and had handcuffed the woman.
The woman subsequently sued for damages, but the court ruled that all reports to the police are absolutely privileged. In other words, no liability can be connected to telling police of a suspected crime, whether real or not.
"The court wants to protect people when reporting criminal activity," said Paul Glusman, a Berkeley attorney who has written about the Hagberg case. "But this can be abused. At this point, there's nothing that will protect ordinary citizens from a false police report."
What's to stop such abuse from happening?!
http://www.sfgate.com/cgi-bin/article.cgi?f=/c/a/2006/08/30/BUGTGKRHSF1.DTL
Here's a snippet:
The Supreme Court case, Hagberg vs. California Federal Bank, was remarkably similar to Shinnick's. It involved a woman who presented an unusually large check for deposit from her stockbroker. A teller believed the check was phony and called the police. The check turned out to be real, but by then the police had arrived and had handcuffed the woman.
The woman subsequently sued for damages, but the court ruled that all reports to the police are absolutely privileged. In other words, no liability can be connected to telling police of a suspected crime, whether real or not.
"The court wants to protect people when reporting criminal activity," said Paul Glusman, a Berkeley attorney who has written about the Hagberg case. "But this can be abused. At this point, there's nothing that will protect ordinary citizens from a false police report."
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