False Arrest

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Television news is reporting a case of a young woman, Nancy Means, who last month sued the Municipality of Anchorage for false arrest.  It is reported that in 2011, her car broke down and a Anchorage Police officer pulled over.  He asked her name and to see her drivers license, which he is entitled to do and then he asked for her telephone  number.  She refused to give him her telephone number and was arrested for DWI although later tests proved that she didn't have any alcohol in her system.  The charges were dropped after she hired an attorney.

The municipal code, specifically AMC 08.30.020A states that it is unlawful to provide a false name, address, drivers license or date of birth or any other false information necessary to the proper issuance of a citation or complaint.  AMC 08.30.010 makes it unlawful to resist arrest by in order to resist an arrest, there must have been some other crime  committed.

Although the police routinely ask for them for their reports but it is not required by law, there is no specific language in the Municipal Code requiring a person to give their telephone numbers to the police. Given the recent history with APD, specifically the many years during which it turned a blind eye to Officer Anthony Rollins sexual harassment and assaults of women he arrested, the jury may well find the APD officer who asked an 18 year old woman for her number and then arrested her on a bogus charge of DWI was out of line.  APD has something to worry about.

Keenan Powell has more than 30 years experience representing injured Alaskans in Anchorage and the Valley. For a free consultation, fill out the contact form or call 907 258 7663.