False Arrest

Home > Personal Injury > False-arrest

False Arrest

A false arrest is an illegal physical detention of a person without clear evidence or reason. Most often, false arrest cases involve the detention of a person in some business or other retail environment by a business employee, security guard, or someone who is pretending to be a police officer.

False arrest crimes also can occur by police. Police, however, have a different set of circumstances that constitute a false arrest than civilians. False arrests by law enforcement include lack of probable cause, no warrant, detention of the wrong person and unnecessary search and seizure.

Detentions can occur under the guise of a citizen’s arrest. Citizen’s arrest is when non-law enforcement related citizens can detain people committing crimes, but the person who is detaining must actually see a felony crime occurring in order to make the detention. Citizens may also detain people at the order of police officers or other law enforcement officials.

Citizens who detain people must inform law enforcement as soon as possible. If a person does not inform law enforcement in a reasonable amount of time, a false arrest may be occurring. If the person knowingly detains another who has not committed a crime then the false arrest is a clear-cut case.

False arrests tend to result in serious consequences for the victim. Being held without reason or cause, beyond one’s will or capacity for freedom is bordering on being kidnapped. Private security guards or shop employees may not detain people who are not committing a felony crime in front of them. Citizens may not detain anyone even if they are sure the other person committed a crime if the citizens did not actually see the crime occurring.

A police officer may only arrest a person if the officer believes a criminal offense has been committed. If a person is suspected of committing a misdemeanor or other minor infraction of the law, the officer cannot arrest or detain the person past identifying who they are and giving them some ticket or court appearance summons. If the officer believes the person will not appear in court then the officer can hold that person for the crime. The officer must, however, prove their case to superiors and other court officials.

If a person has been arrested falsely the first and best course of action would be to contact an experienced false arrest legal team for a free consultation. Only law firms with years of false arrest expertise can effectively and aggressively pursue and recoup damages from false arrests.

Damages that are incurred can be extensive and may include a variety of losses including emotional damage, which can last for years, and any physical damage and its resulting medical bills. In addition, false arrests have been known to cause wage losses and prevent people from taking care of and tending to others under their care.

Lawsuits are an effective way of giving back the rights to people unlawfully detained. A false arrest suit can also prevent others from practicing false arrest. If you or someone you know has been detained and you believe it was unlawful then contact one of our lawyers immediately for a free no-obligation consultation.

---

Personal Injury Resource Links

News on False Arrest

June 5, 2008 - DUI Arrest Prompts Suit 

Feb 5, 2008 - $3.5M Wrongful Arrest Lawsuit Filed 

Oct 17, 2007 - Idaho Man Sues Officers for False Arrest