Store Owner Sues Police Where Alton Sterling Was Killed

On July 5, Alton Sterling was shot multiple times and killed outside a convenience store after an altercation with two police officers.  Police officers had responded to a 911 call, wherein the caller stated a man selling CDs outside the store had threatened him with a gun.

Now the owner of the convenience store Triple S Mart, Abdullah Muflahi, is suing the police. He claims that he was illegally detained by the police for four hours in the back of a police car after the shooting. The only time Muflahi was allowed out of the car was to go to the bathroom, but he wasn't allowed to use the bathroom inside his store and instead had to relieve himself outside in front of the police and in full view of the public. Then the police confiscated the store's security system without a warrant and confiscated his cellphone, where he shot video of the entire incident.

Gov. John Edwards said that he believes that "all evidence should be collected in accordance with the law" in response to the inquires about the investigation.

Comments from Allen:Alton Sterling, the man shot, was a friend of store owner Muflahi, and Muflahi allowed him to sell CDs outside his store.  Based on the 911 call, and that Muflahi was recording the arrest of Sterling with his cellphone, the officers had some reason to believe that Muflahi might have been involved in or had knowledge of the crime to which they were responding.

This case raises several issues: First, was Mr Muflahi, in fact, illegally detained?  You do not have to be guilty of a crime to be legally detained, but the officer must have reasonable suspicion that you have committed a crime or have been involved in the commission of a crime. Because the 911 caller identified Sterling as selling CDs, and he was selling CDs with Muflahi's permission outside his store when he allegedly used a gun to threaten someone, the police had a right to investigate Muflahi's involvement in that crime and to detain him for a reasonable amount of time to do so.

Having been in New Orleans when street musicians were performing and selling their music CD's, I would like to know whether Sterling was selling his own music (which means Muflahi was merely permitting him to be in the vicinity of his store) or whether he was selling CD's for Muflahi (which would mean he might have been acting as an agent for Muflahi when the crime occurred).  It appears Sterling was selling his own CDs.

Was four hours a reasonable amount of time to detain Mr. Muflahi?  The suspect in a gun-related crime was shot dead at the scene; four hours is not, in itself, an unreasonable amount of time for police to stay on the scene investigating a crime that results in the death of the suspect.

Was it wrong for police officers to refuse Muflahi a bathroom break and make him relieve himself in public?  Absolutely.  He could have been frisked for a weapon and taken to some restroom without any major interruption in the officers' investigation.

As to any complaint about seizing security camera footage without a warrant, when an incident results in the death of a suspect, that camera footage would have eventually been obtained by the police.  Lack of a warrant would only be significant if the video showed the owner committing a crime--improperly seized evidence would be excluded from prosecution of that crime.  Here, the store owner was not charged with a crime, so exclusion of that video as evidence was not an issue.  The concern of Mr. Muflahi's attorney appears to be that the video evidence might have been illegally seized so that it could be destroyed as part of a police cover-up, but there is no indication that video was destroyed.  Muflahi also complains a hard drive was seized without his permission, and without a warrant.

What kind of damages are appropriate here?  That is a good question.  I regularly represent people who have permanent injuries or long-lasting pains and/or disabilities as a result of someone else's wrongdoing.  The parameters here are four hours of possibly wrongful detention, seizure of a hard drive and taking a bathroom break in a public alley.

Of all of these alleged wrongs, there is no indication what the seized hard drive contained.  For anyone who runs a business, seizure of a main hard drive of a business computer could be very damaging and severely interfere with the business.  It appears the hard drive complained of operates the security system.  The question appears to be: What are the damages suffered for losing your security system while that system has been seized?

I am not going to make an argument for Mr. Muflahi as to what that is worth.  I will leave that task to his very able counsel.  From what I have seen, however, it appears counsel for Muflahi may have judged the value of his case based upon  the outpouring of anti-police sentiment in New Orleans resulting from what may have been the wrongful shooting of Alton Sterling.

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Allen Browning is an attorney in Idaho Falls, Idaho who handles personal injury and criminal defense. He has over 30 years of experience and handled thousands of cases. Allen handles cases from all over Idaho. Call (208) 542-2700 to set up a free consultation if you are facing legal trouble or you have been involved in an accident.

Also, check out browninglaw.net for more information about Allen and Browning Law.

Allen Browning can help with all personal injury claims including motor vehicle accidents,truck accidents, auto accidents, serious and disabling accidents, and wrongful death claims.

Allen Browning is an Idaho Falls attorney who can also help with drunk driving (DUI), traffic violations, Felony, Misdemeanor, Domestic Violence, Drug Crimes, Theft, Juvenile Crimes, battery and assault charges, Violent Crimes, and Probation/Parole Violations. He is one of the most experienced and successful criminal defense attorneys in Idaho.


Allen is able to provide his services if the incident occurs in the following Idaho Areas: American Falls, Arco, Blackfoot, Boise, Burley, Driggs, Idaho Falls, Malad City, Pocatello, Rexburg, Rigby, Salmon, St. Anthony, Twin Falls, Bannock County, Bingham County, Bonneville County, Butte County, Cassia County, Clark County, Fremont County, Jefferson County, Lemhi County, Madison County, Oneida County, Power County, Teton County, and Twin Falls County.    
Sources for more information:

 http://www.cbsnews.com/news/the-latest-on-the-alton-sterling-shooting-investigation-baton-rouge/

http://www.cnn.com/2016/07/12/us/police-shootings-investigations/

https://www.washingtonpost.com/news/post-nation/wp/2016/07/11/search-warrant-baton-rouge-officers-saw-butt-of-gun-in-alton-sterlings-pocket-then-saw-him-reach-for-it/?tid=sm_fb&utm_term=.5d14277b6626

 http://www.thedailybeast.com/articles/2016/07/11/alton-sterling-witness-cops-took-my-phone-my-surveillance-video-locked-me-up.html

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