What is False Arrest?
False arrest is an arrest that is made without legal justification. In order to make an arrest, a police officer must have probable cause that you committed a crime. What is Probable Cause?Probable cause means that there are enough facts to lead a reasonable person to believe that you committed a crime. While an officer does not need to be positive that you committed the crime, he does need to have more than just suspicion. A judge will determine whether or not the officer's belief was reasonable enough to constitute probable cause. If a Police Officer Arrests Me without an Arrest Warrant, Is It a False Arrest?Generally,no. As long as the police officer has probable cause to believe the arrest is justified, he does not need an arrest warrant to make anarrest. If I Am Arrested but Didn't Commit any Crime, Is It False Arrest?Again,typically this is not false arrest. As long as the police officer has a reasonable belief that you are guilty, he can arrest you whether or not you are actually guilty. What are Some Examples of False Arrest?False arrest occurs most commonly when the arresting officer has insufficient evidence to justify probable cause. Some examples of this include: - Arresting someone because of their age or race
- Arresting someone solely because they are in an area known to have high crime rates
- Detaining witnesses at a police station for questioning even though they are known to not have committed any crime
What Should I Do if I Think I've Been a Victim of False Arrest?Ifyou think you have been a victim of false arrest, you should contact alawyer as soon as possible. A qualified lawyer will be able to tell youif you have a valid case and advise you accordingly. |
