Three police cars pulled into Christina FourHorn's front yard one
afternoon just before she was supposed to pick up her daughter at
school. The officers had a warrant for her arrest.
"What do you
mean robbery?" FourHorn remembers asking the officers. Her only brushes
with the law had been a few speeding tickets.
She was locked up
in a Colorado jail. They took her clothes and other belongings and
handed her an oversize black-and-white striped uniform. She protested
for five days, telling jailers the arrest was a mistake. Finally, her
husband borrowed enough money to bail her out.
"They wouldn't tell me the details," she said.
Later, it became clear that FourHorn was right, that Denver police had arrested the wrong woman. Police were searching for Christin Fourhorn, who lived in Oklahoma.
Their
names were similar, and Christina FourHorn, a mother with no criminal
record living in Sterling, Colorado, had been caught in the mix-up.
FourHorn
went public about her case more than two years ago, filing a lawsuit
that alleged the arrest violated her constitutional rights. The Fourth
Amendment protects citizens from arrest without probable cause.
The problem of mistaken arrests continues, said attorneys with the American Civil Liberties Union
of Colorado. The group, which represented FourHorn, calls Denver's
police work "recklessly sloppy." An ACLU mistaken identity lawsuit on
behalf of four other people is pending against Colorado police agencies.
A
mistaken identity arrest occurs almost every day, said policing experts
and officials at the National Association of Criminal Defense Lawyers.
But most people taken into custody are released shortly after the
mistake is realized.
Since the FourHorn case, the ACLU found at
least 237 cases in Colorado in which police may have arrested the wrong
person. The figure is likely a small sample since police often release
those wrongfully arrested before the first court appearance, the ACLU
said.
"We are trying to demonstrate that this is a widespread
practice," said Mark Silverstein, an ACLU attorney who filed FourHorn's
suit in 2008. FourHorn's case was settled, and the terms remain
confidential.
This is not some fluke in a rational system.
--Mark Silverstein, American Civil Liberties Union lawyer
"This is not some fluke in a rational
system," Silverstein said. "It's something that happens regularly,
predictably, and therefore the city should be doing more to ameliorate
the problem."
Silverstein said his search of Colorado court records showed repeated examples of police arresting the wrong person:
"Defendant states this is not him and he has never driven a car!!!!" said one.
"Dismissed, wrong defendant. Sister used her ID," another said.
In
2009, Denver's Department of Safety found 51 cases in which a person
claimed the warrant naming them was incorrect -- a number that's a
small fraction of the 46,864 people arrested that year. A Denver police
spokesman declined to comment on the mistaken identity arrests.
"While
no one should be misidentified and incorrectly held in jail, we realize
it can happen," said Mary Dulacki, records coordinator for Denver's
manager of safety.
Experts at the Legal & Liability Risk
Management Institute said name similarities such as in the FourHorn
case are a common reason for errors. The group, based in Indianapolis,
Indiana, trains police departments across the country on how to avoid
mistaken arrests.
Other times, police may be relying on a
person's alias. Suspects often give officers false names, which remain
on their records as an alias. Also computer typos and glitches lead to
mistaken identity arrests, policing experts said.
An alias
mistake allegedly occurred in March 2007 when Denver police arrested
Muse Jama, a college student studying for an exam, under a warrant for
a person named Ahmed Alia. Jama's name had popped up as one of Alia's
aliases.
Jama protested and showed the officers his
identification cards. Still, he was arrested and remained behind bars
for eight days. His lawsuit against the Denver Police Department, filed
in 2008, is pending.
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