When Has an Arrest Actually Taken Place?
If you've been taken into custody and are no longer free to walk away, you've been arrested. The U.S. Constitution authorizes arrests only if the police have "probable cause" to believe that a crime was committed and that the suspect is responsible. How Does "Probable Cause" Work?The probable cause requirement limits the power of the police to deprive people of liberty. Objective factual circumstances are required to establish probable cause and judges make the final determination. Probable cause is not established by saying something like, "I just had a hunch that the suspect was a carjacker." Even if it turns out the person is innocent, an arrest is valid if it is based on probable cause, protecting police against civil suits for false arrest. Does the Constitution Define "Probable Cause?"The Fourteenth Amendment of the Constitution comes closest to defining "probable cause." This amendment simply speaks to the deprivation of liberty and rights without the due process of law. An actual definition of "probable cause" is impossible and judges interpret the meaning of probable cause on a case-by-case basis, taking into account: - Previous interpretations of probable cause in similar fact situations
- The judge's views about police rights versus defendants' rights
Can I File a Lawsuit against the Police for False Arrest?If you feel the police violated your rights and you want to file a lawsuit to collect money for your injuries, you should speak to a lawyer immediately to learn more about your rights and the complicated legal system. |
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