What if he really didn’t do it?

By Liam Michael Golden; March 2001

     What happens when a person is arrested under a facially valid warrant, but is not the person named in the warrant?  The answer might surprise you.  If an arresting officer has reason to believe that an arrestee is not the person named in a warrant, they must “make immediate reasonable efforts to confirm or deny” the person’s identity.  State v. Smith, 102 Wn.3d 449, 453-54, 688 P.2d 146 (1984).  If there is some basis to question the person’s identity, the lawfulness of the arrest is usually a question for the jury.  Gurno v. Town of LaConnor, 65 Wn.App. 218, 223, 828 P.2d 49 (1992).

Looking past the initial arrest, the U.S. Supreme Court has indicated that after a certain point those in charge of the jail become liable for continued detention.  See Baker v. McCollan, 443 U.S. 137, 99 S.Ct. 2689, 61 L.Ed.2d 433 (1979).  However, the jailer’s duty is quite limited.  Under Baker, there is no federal cause of action against a jail for a person held a short period of time (three days) on the basis of misidentification.  The Court left open the question whether there is a state law claim of false imprisonment.

Looking to the Smith and Baker cases, plaintiffs are presented with a conundrum – reasonable false imprisonment.  Where an officer makes a reasonable inquire into identification but nonetheless arrests the wrong person, defense counsel can argue that neither the officer nor the jail are liable for the arrest or detention.  In turn, plaintiff’s counsel can argue the reasonableness of the officer’s investigation and the length of the detention.  In the end, the jury should make the call.