False Arrest?

Several months ago my girlfriend's roommate stole some of her checks. The roommate went on quite a spending spree and, eventually, one of the jilted businesses took out a warrant for my girlfriend's arrest. She first found about about the warrant when an officer from the local PD called her about it. Though the debt was not hers, she paid the business and the business owner agree to rescind the warrant. She has proof of the payment, and the roommate has been arrested and jailed for the crime.

In the following weeks, she was involved in a motor vehicle accident in which the police were involved. She also renewed her license. In neither case did the warrant show up.

Saturday, we were sitting in my car on a dead end, deserted street. The car was safely parked. There was nothing hinky going on. We were sitting and talking. A police car pulled up, lights flashing, shined a spotlight on the car and went though the whole screaming "hands where I can see em" bit. He require that we both turn over our ID's. I understand why he took mine. I was behind the wheel of a motor vehicle on a public road. I do not understand why he took her license. We're both obviously of age.

When he checked her license on his computer, the warrant popped up. To shorten the story, after officer called three more cars for backup they placed my girlfriend under arrest. Ten hours later (eight hours after I posted her bond) she was finally released. This incident leaves me with many questions.

1.) Since the debt was settled, the warrant should be null and void, right? If that is the case, who is responsible for this snafu that landed an innocent person in jail.

2.) Was the police officer within his legal right to check her license?

3.) Was the officer within his right to investigate us in the first place?

4.) Considering the charge against her (DEPOSIT ACCOUNT FRAUD) and the other circumstances of the case, should she get a lawyer?

Everything described here took place in the state of GA. Thank you in advance for you time and attention.

Just occurred to me to ask this as well. At no point was my girlfriend Mirandized. Since she wasn't questioned, does this matter?

[able1]

See Miranda: http://www.worldlawdirect.com/article/959

[able1]

Errors do occur. She can show it was rescinded and the matter will be over. You normally can't really sue for that unfortunately.