False Arrest: A terrifying possibility
that can become a terrifying reality
It's no secret that the police have power, on the streets you could
argue that they have absolute power. In many situations this can be
reassuring, especially when it comes to individuals' safety. But is it
possible that any group of people with that much power are bound to
produce, maybe even attract, those who will abuse it?
For an arrest to occur there must be
probably cause
Let me rephrase that, for a legal arrest to occur there must be
probable cause. Probable cause to one person may just be a coincident
to another. Further to that, the spectrum of probable cause can become
unreasonably bloated in the mind of the ignorant. Race, age, and gender
can all become probable cause in the eyes of the wrong officer.
False arrest for everyone
Others such as bounty hunters and even every day citizens have the
right to arrest, and as a result can be guilty of false arrest. Bounty
hunters are guilty of false arrest anytime they attempt to arrest an
individual in Canada or Mexico, both countries that only allow police
officers to make arrests.
Innocence with probably cause
It should be noted that being innocent does not necessarily mean you
were falsely arrested. As we've discussed, all that is required to make
an arrest is probable cause, however more than probable cause is
required for a conviction. So all that are arrested are not justified
to sue for false arrest.
The difference between false arrest
and false imprisonment
False arrest and false imprisonment is usually the same thing. If a
police officer arrests you falsely he is also committing false
imprisonment. However in the case of kidnapping, false imprisonment is
the only crime involved.
And the winner is...
The majority of false arrests involve the crime of shoplifting and is
committed by security guards, as it is difficult to determine when
probable cause has been obtained. Some states have now enacted the item
concealment act in which someone with an item concealed in any way has
given a guard probable cause. Many private security companies are now
mandating that their employees arrest shoplifters outside the store,
after they have left without paying.
Get the green light to resist arrest?
If you feel you are being falsely arrested you are justified in
resisting arrest. With that said remember that police officers tend to
be large powerful men who travel in packs, so for your safety try to be
patient till you can call another group of large powerful men who also
travel in packs, lawyers. It is best to be safe in the short term and
right in the long term.
A civil war
False arrest is a violation of your civil liberties and is covered
under tort law. Essentially what it means is false arrest victims tend
to sue but not press charges. If you have been falsely arrested you
should visit a lawyer who will help you in suing the arresting officer
or police department, or both.
What really happens?
Lets just say that an officer arrests a person from a low income
neighborhood on suspicion of robbery, the officer has no reason other
than this guy is poor to make the arrest. Considering the cost of a
lawyer and that the burden of proof is on the victim there is a strong
chance that the arresting officer will get away with it. Makes you
wonder how often false arrests happen but go unreported.