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False Arrest

A false arrest is when a person is arrested without probable cause. False imprisonment is when a person is held without probable cause. Probable cause is stronger than a mere hunch that someone has committed a crime or will commit a crime; it means there is a reasonable belief the person has committed a crime. It is often difficult to differentiate between probable cause and hunches, but it is important that arrests are made carefully and with great consideration in order to avoid false arrests.

Police officers make arrests, as do people like bounty hunters, who possess arrest warrants. Regular citizens may make arrests as long as they believe the suspect is attempting to flee the scene of the crime before police officers arrive. False arrests mean a person is arrested and held without probable cause, without an arrest warrant, and without adequate reason or legal authority.

False arrests often involve security officers or owners of retail establishments who arrest someone without having seen the crime being committed. Often, the alleged crime is shoplifting. These types of arrests can be categorized as citizen’s arrests, but police need to be contacted immediately. Police officers also make false arrests when they arrest the wrong person, when they lack sufficient legal authority such as warrants, and when no probable cause has been substantiated. The false arrest becomes a crime when the arresting agent knowingly holds someone who has not committed a crime. Either way, a victim of false arrest often suffers undue embarrassment, loss of wages and mental anguish.

Many feel that false arrests border on kidnapping. Damages can include emotional damage, physical damage and financial damage. Personal injury attorneys can inform you of your rights and help you file a personal injury claim.

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