Man falsely imprisoned 17 days because American Airlines falsely accuses him of shoplifting

I just read this story and was trying to figure out how they are allowed to do this.

A man was waiting on for a connection flight. Another man shoplifted some items from a store at the airport and got on the same flight as Michael Lowe - the falsely accused man.
the police asked American Airlines for footage from the airport and a list of all of the passengers. American Airlines instead sent over just Michael Lowe’s information - accusing him of the crime and the police took out a warrant.
This guy is arrested over a year later and held in jail without being charged for over 17 days.
He had to get out and then hire someone to find out why he had been arrested.
This is a dumb question but I thought the police had to tell you why you were being arrested.
This guy of course didn’t remember any of this from a year ago.
I know he is going to sue American Airlines but why would he not be informed of the charges?

This is a good reminder that just becaus someone has been arrested doesn’t mean they actually committed any crime. I’m not really sure who is more to blame here, but I want to say the police for arresting Lowe with seemingly no evidence. I’ve never been arrested, and I honestly don’t know what, if anything, the police are required to tell you during an arrest. The vast majority of people arrested probably know exactly why their being cuffed, but I would expect the police to at least tell someone why they’re being arrested. And why does someone have to be jailed for 17 days without knowing why? That’s something I associate with facist and communist police forces.

American Airlines are just the first on the list of “People He is Going to Sue the Crap Out Of.” Personally, I think he has a better legal argument against the New Mexico agency who incarcerated him. They are the ones that never put him in front of a judge and instead just tossed him into jail for 2 weeks. That’s illegal on so many levels it’s ridiculous.

And how did he not have a lawyer in that time?

That’s what I mean. You are supposed to be hauled in front of a judge within 48 hours of arrest, which means access to a lawyer. So many fuck-ups here…

It was eight days before he saw a judge, and he was never given a lawyer.

We can add the judge to the growing list.

yes that is what really makes me scratch my head. It is good that his story is getting out now.

I think your thread title is badly misleading. Whatever mistake American Airlines made, based on that story they bear no responsibility for the appalling treatment and egregious violation of his rights in New Mexico. Your headline should be calling out the New Mexico police and judicial system, not American.

AA originally gave the police only Mr. Lowe’s information and accused him of shoplifting rather than the list of all passengers that was requested.

Sure, so they bear partial responsibility for the wrong guy getting arrested. Not for his subsequent appalling treatment.

All of the facts (or, if you prefer, “facts”) in this case come from the lawsuit. Until AA and N.M. authorities respond, the complete story is untold - including whether this guy was never informed until his release what crime he was supposed to have committed :face_with_raised_eyebrow: or that he was denied legal representation for all that time.

Nope. Police don’t have to say anything. Despite the common meme on TV, there in no requirement to be read your rights when arrested either. Your rights must be read prior to questioning. Your reason for arrest will be given at the time charges are brought against you at your arraignment. My FIL was a cop for 37 years. He says every American should know their rights and use them from the first contact with the police. He said shut up and ask for an attorney.

Indeed, nothing much in this garbled story makes any sense.

The Tarrant County Criminal District Attorney’s Office later dropped all charges against Lowe after his lawyers asked DFW Airport police compared photos of Lowe with surveillance footage of the person who burglarized the airport store

So the police had access to CCTV footage of the person who committed the crime, and didn’t look at it before issuing an arrest warrant? What on earth was the arrest warrant based on then?

Police told American Airlines to send footage of the plane boarding and a list of the plane’s passengers, but the airline instead only sent over information about Lowe, the lawsuit said… the two men had different appearances, the report said.

What is this supposed to mean? This description is not American Airlines “accusing” anyone. It does not sound like the police contacted American to look for witnesses to the crime, it sounds like they contacted them for information on passengers traveling that day. If American didn’t send everything the police asked for, why didn’t the police go back to them and ask again?

The whole story is barely coherent.

I suspect that American bear little responsibility for whatever fuckup happened here, but they are a more likely source of financial settlement than the police.

I suspect that unless the key point “American specifically identified this guy to the police as their suspect” turns out to not be the case, American is in deep kimchi.

But how could that have happened? Is the idea that the police had an image of the perpetrator from CCTV, sent the image to American and asked them if they could look at their own footage to see if the guy in was on their plane? And then the police, having delegated responsibility for making the ID to a civilian third party, did not even check the ID before getting an arrest warrant?

In Nevada police held a black man who had a name similar to the suspect who was white and twice the age of the man in their jail.

This part of the story here is the worst part. That New Mexico jail system should be sued out of existence:

The lawsuit said Lowe was held in a traumatizing conditions in Quay County Jail, the Star-Telegram reported.

The lawsuit said his protests that police had arrested the wrong person were ignored, and that he was strip searched and in a “constant state of fear of confrontation, physical abuse or sexual victimization,” the Star-Telegram reported.

He also said that no one wore face masks despite the COVID-19 outbreak, and that he saw a young inmate attacked and blood remained on the floor and a wall for days, the lawsuit said, per the report.

He also had to sleep on a concrete floor that smelled like urine and feces, the lawsuit said, The Daily Beast reported.

The lawsuit said Lowe was not told why he was released after 17 days, that he had to walk miles to get a bus from a McDonald’s, and that it took him two full days to get home to Flagstaff, Arizona.

Yeah, we treat prisoners like shit in this country. Once you’re in the system, you’re considered guilty and garbage.

There were a lot of potential breakdowns but most of this is perfectly legal.

The shoplifting occurred in a Texas airport. The thief fled the state on an airplane, as did the wrongly arrested man, though he did so innocently.

Police in Texas purportedly ask for information about all passengers on the airline in connection with the crime. [But did they really, or did they ask for something like, “the identity of any man who boarded the aircraft after the time of the crime?” Perhaps, in good faith, American Airlines responded with the identity of the very next man who boarded after that time, which they knew precisely based on when his ticket was scanned. When the police got this information back, they assumed that American Airlines meant that he was the last man to board the flight and that he was the only man who fit their description. "Aha, we’ve got him!, they think. All based on a sincere an ordinary misunderstanding.]

Texas law enforcement gets a warrant for the accused’s arrest, and seeks a warrant that is enforceable out of state. After all, they know the thief fled the state.

The accused gets arrested in New Mexico. New Mexico is enforcing the Texas warrant. I don’t specifically know New Mexico’s process for enforcing fugitive arrest warrants but all states have one. There is no indication police didn’t follow it.

The DailyBeast article (the better of the two) says, “authorities refused to explain to him why he had been accused of criminal mischief and felony burglary of a building.” Taking this at face value, they told him the charges but it’s doubtful they would have known the details. There probably wasn’t more they could have told him and they had no obligation to tell him more.

“It was eight days before he saw a judge, and he was never given a lawyer.” I understand that state’s can generally hold fugitives for 30 days on out-of-state warrants. He saw the judge at an arraignment hearing. This may vary from state to state, but, unless he was interrogated by the police, this is the first point at which he must be told that he has the right to hire a lawyer or have one appointed to him if he requests it. Did he request a lawyer? If he did, the judge will (most likely) remand him to custody until he gets a lawyer. If the police had interrogated him, he would also have had the right to a lawyer but there is no particular reason for police in New Mexico to interrogate anyone about a shoplifting crime that happened in Texas.

So, one way or another, he was remanded to custody for another nine days. He should not have been held longer than 30 days and he should not have appeared again at an arraignment or extradition hearing without counsel (unless he waived his right to counsel).

In jail, the accused was, “Ordered to fully undress and bend over for a ‘demeaning’ strip search, Lowe’s ‘profound’ confusion quickly turned into a ‘constant state of fear,’ his suit claims, as he was housed alongside violent offenders. In one instance, he watched in horror as a young inmate was punched repeatedly in the face; the resulting blood was left on the floor and a wall for days.” This is par for the course. Police search people who get arrested for drugs and guns to help ensure everyone’s safety. He would not have been happier if the “young inmate repeatedly punched in the face” had been stabbed with the hidden knife instead. Jailers treated the accused terribly, but no more terribly than they treat any other prisoner. Consider this the next time you read news accounts of inhumane treatment of prisoners and think, “If they didn’t do anything wrong, they wouldn’t have to worry about how the police treat them!”

His detention stretched on, apparently “without any end in sight,” for 17 days…" Again, they had 30 days.

“[H]e was released without explanation.” From a constitutional perspective, “then why is he complaining?”

“Lowe walked until he found a bus stop, making it back to Flagstaff in the dead of night more than 48 hours after his release.” Well, from a constitutional perspective, that’s his problem. The police don’t owe him bus fare or any post-release support. Maybe he should have phoned a friend.

“According to his suit, Lowe was only able to clear his name after convincing a detective at Dallas-Fort Worth Airport to compare his picture at the time to the surveillance footage of the suspect. All charges against were subsequently dropped.” Charges were dropped. The justice system worked as it should have, right?

Airlines now help identify potential shoplifters? Did someone id him getting on a particular flight?

WTF?