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Topic: False arrest

	False arrest - Wikipedia, the free encyclopedia
		False arrest is a common law tort, where a plaintiff alleges he or she was held in custody without probable cause or an order issued by a court of appropriate jurisdiction.
		In most jurisdictions, the arrest powers of police and police agents are in excess of those afforded to ordinary citizens (see citizen's arrest).
		Any person may arrest someone suspected of committing a felony or indictable offence, as long as they believe the suspect is attempting to flee the scene of the felony.
	en.wikipedia.org /wiki/False_arrest (546 words)

	OPPOSITION TO MOTION TO DISMISS BY Police Officers: Violations of 42 U.S.C. §1983, False Arrest and Imprisonment, ...
		Said officer may arrest and detain a person charged with a misdemeanor, without having a warrant for such arrest in his possession, if the officer making such arrest and detention shall have actual knowledge that a warrant then in full force and effect for the arrest of such person has in fact issued.
		False imprisonment is where (1) the Defendants acted with the intention of confining Smith within fixed boundaries, (2) the act directly or indirectly resulted in confinement, and (3) Smith was conscious of the confinement.
		As a direct result of being falsely arrested and imprisoned, and wrongly prosecuted, and having suffered an unlawful visual body cavity strip-search, Smith was caused embarrassment, worry, grief, stress, humiliation, anxiety, fear, loss of trust, feelings of betrayal, shock, and emotional scarring, all compensable as emotional distress.
	www.falseallegations.com /drano54-opp-dismiss-police-arrest-imprison-prosecution.htm (7045 words)

	False Arrest and False Imprisonment Frequently Asked Questions - FAQs
		Nelson was arrested for breach of the peace and taken to the police station.
		Hearns then sued Morris for false arrest, claiming that (a) there was no probable cause for his arrest; and (b) the fact that charges were dropped were proof that the arrest should not have been made.
		Where a plaintiff is acquitted of the charge(s) for which he was arrested, a false arrest claim is conclusively proven and the officer is automatically liable.
	www.weitzlux.com /falsearrestimprisonment/FAQs_1886.html (1415 words)

	3.14 FALSE IMPRISONMENT (FALSE ARREST) (Site not responding. Last check: 2007-10-30)
		When such an arrest without a warrant is made, the prisoner must be taken without unnecessary delay before the nearest available judge or other appropriate governmental official, a complaint promptly filed and a warrant issued based on the complaint.
		The offense for which it was alleged that the defendant arrested the plaintiff was a crime for which a citizen's arrest may be made.
		A citizen has the right to arrest without a warrant where it appears that a crime had actually been committed, and that there was probable or reasonable cause to fairly suspect the person arrested to be guilty.
	www.judiciary.state.nj.us /civil/charges/314c.htm (564 words)

	[No title]
		Josephson}{\plain \fs20, 153 Fed.2d 372,276 (1946).\par }{\plain \fs8 \par }{\plain \fs20 When the plaintiff has shown that he was arrested, imprisoned or restrained of his liberty by the defendant, "the law presumes it to be unlawful." }{\plain \i\fs20 People v.
		Ambassador}{\plain \fs20, 11 P.2d 6 (1932).\par }{\plain \fs8 \par }{\plain \fs20 "Any arrest made without a warrant, if challenged by the defendant, is presumptively invalid...the burden is upon the state" to justify it as authorized by statute, and as not violative of constitutional provisions.
		False arrest is assault and battery}{\plain \fs22 \par }\pard {\plain \fs8 \par }{\plain \fs20 "An illegal arrest is an assault and battery.
	www.paperadvantage.org /FalseArrestComplaintPage2.doc (888 words)

	[No title]
		An arrest may be made by a peace officer or by a private person.” “‘[F]alse arrest’ and ‘false imprisonment’ are not separate torts.
		False Arrest Without Warrant—Affirmative Defense—Private Citizen—Probable Cause to Arrest [Name of defendant] claims the citizen’s arrest was not wrongful because [he/she] had the authority to cause [name of plaintiff] to be arrested without a warrant.
		Sources and Authority “In an action for false arrest and imprisonment, the question of reasonable or probable cause is ordinarily one for the court, and not for the jury.
	www.courtinfo.ca.gov /reference/documents/SER1400.DOC (9658 words)

	[No title]
		Where it is questioned whether an arrest actually occurred and where it is later determined that an arrest in fact did not occur, the plaintiff may still seek to prove that an unlawful “confinement” occurred by some other means.
		This instruction should be used in cases where the plaintiff asserts false imprisonment by means of an arrest without a warrant and the fact of the arrest is contested.
		Where a plaintiff seeks to prove a false arrest and, if it is later determined that an “arrest” did not actually occur, seeks to prove that a confinement occurred in some other way, use both Instruction Numbers 15.01 and 15.03A.
	www.state.ak.us /local/akpages/COURTS/insciv/15.03A.doc (841 words)

	3.14 FALSE IMPRISONMENT (FALSE ARREST) (Site not responding. Last check: 2007-10-30)
		The offense for which it was alleged that the defendant arrested the plaintiff was [a disorderly person's offense] [a violation of a municipal ordinance involving a breach of peace].
		An arrest without a warrant for a violation of a municipal ordinance may be made where the offense is committed upon view of the officer and the offender must be either a disorderly person or have committed a breach of the peace.
		If the arrest by the law enforcement officer is made with a warrant based on proper complaint being made and a hearing held before a magistrate, then an action for false arrest cannot be maintained.
	www.judiciary.state.nj.us /civil/charges/314e.htm (824 words)

	FALSE ARREST Grant v (Site not responding. Last check: 2007-10-30)
		He sued the arresting officers under § 1983 and obtained a verdict for $1,750,000 in compensatory and punitive damages.
		The court affirmed the jury verdict in plaintiff’s favor, concluding that a reasonable jury might have found a lack of probable cause for his arrest.
		The court of appeals affirmed, holding that the question was whether there was probable cause for the plaintiff’s arrest, and hence the evidence should be limited to what the officers knew about the identifications at the time of arrest.
	www.nlg.org /npap/recent_Ct_Appeals/false_arrest__grant_v.htm (313 words)

	False Arrest Law and Legal Definition - USlegalforms.com (Site not responding. Last check: 2007-10-30)
		Such a person may be entitled to make a "citizen's arrest", but they need to be sure that they have a person who has committed a crime, and they must call law enforcement officers to take over at the first opportunity.
		Other common false arrest situations include an arrest by a police officer of the wrong person or without probable cause to believe a crime has been committed and/or without a warrant.
		False arrest can be the basis of a lawsuit for damages, including mental distress and embarrassment.
	www.uslegalforms.com /legaldefinitions/false-arrest (441 words)

	False Arrest Excessive Force Police Brutality Lawyer Chicago
		Therefore, while a police officer may handcuff a suspect under arrest, he might still violate the person's constitutional rights if he were, for example, to point a weapon at an unarmed and handcuffed individual.
		While an excessive force claim arises out of the question of what force is necessary for the officer to accomplish that which he (or she) is authorized to do, a false arrest claim goes to the question of what authority an officer has.
		In order to make an arrest and take an individual into custody, the officer must meet a greater standard, he must have probable cause to believe that this individual has committed a crime.
	www.madufflaw.com /police (599 words)

	New York False Arrest Attorneys \| Bronx Brooklyn Queens Manhattan \| Racial Profiling Lawyer NY
		If you are a victim of false arrest, or if you are unfairly targeted for arrest through racial profiling, you may have a damages claim against a municipality and the offending officers.
		The attorneys of Orlow, Orlow and Orlow, P.C. provide strong representation to victims of false arrest and unlawful detention throughout the New York City area, including The Bronx, Brooklyn, Manhattan, and Queens.
		You may be eligible for compensation for damages for humiliation in front of family and friends, confinement, excessive force, and even lost job opportunities or other damages that result from the false arrest.
	www.orlowlaw.com /PracticeAreas/False-Arrest.asp (351 words)

	Citizens' Arrest
		Contrast this to Massachusetts law, which while permitting a private person to arrest for a felony, permits those acquitted of the felony charge to sue the arresting person for false arrest or false imprisonment.
		It would obviously be a violation of a suspect's civil rights to use excessive force, to torture, to hold in unsafe or cruel conditions or to invent a reason to arrest for the ulterior motive of settling a private score.
		Anybody who makes a citizens arrest should not use more force than is necessary, should not delay in turning the suspect over to the proper authorities, and should never mete out any punishment...
	www.constitution.org /grossack/arrest.htm (837 words)

	False Arrest and Police Brutality Lawyers
		False arrest involves the allegation that one is held in custody without probable cause or an order issued by a court of appropriate jurisdiction.
		Police offers do not have unlimited power when it comes to arresting suspects, and there are certain processes that must be followed by law enforcement to avoid false arrest.
		Most false arrest cases are filed against private security firms as opposed to municipal police forces.
	www.sddefenselawyers.com /policebrutality/falsearrest.html (209 words)

	MEMORANDUM OF POINTS AND AUTHORITIES
		When the plaintiff has shown that he was arrested, imprisoned or restrained of his liberty by the defendant, "the law presumes it to be unlawful." People v.
		"Any arrest made without a warrant, if challenged by the defendant, is presumptively invalid...the burden is upon the state" to justify it as authorized by statute, and as not violative of constitutional provisions.
		“It is doubtless the duty of an officer who executes a warrant of arrest to state the nature and substance of the process which gives him the authority he professes to exercise, and, if it is demanded, to exhibit his warrant, that the party arrested may have no excuse for resistance.” Shovlon v.
	familyrightsassociation.com /bin/FORMS/false_arrest/arrest-memorandum_points-authorities.htm (843 words)

	McKimmey Law Office - Shawnee, Oklahoma,False arrest, Civil Rights, police misconduct, wills, trusts, ... (Site not responding. Last check: 2007-10-30)
		If you have been the subject of an arrest by the police or other state or federal official which took place without probable cause, in bad faith or if someone deprived you of your liberty, you may be able to make a claim and recover damages, including attorney's fees and costs.
		False imprisonment is frequently alleged by a person who feels that he or she was unlawfully arrested.
		If you feel that you have been the victim of a false imprisonment or false arrest you may wish to contact an attorney.
	home.att.net /~mckimmey/falsearrest.html (1624 words)

	Springfield Missouri - Perkel sues Springfield Police for False Arrest
		What started out to be a false arrest to keep me from appearing at a friends bond revocation hearing may now lead to the Eighth Circuit Court of Appeals overturning the 4th Amendment to the Constitution.
		In these circumstances, it is the location of the arrested person, and not the arresting agents, that determines whether an arrest occurs within a home.
		Otherwise, arresting officers could avoid illegal "entry" into a home simply by remaining outside the doorway and controlling the movements of suspects within through the use of weapons that greatly extend the "reach" of the arresting officers.
	www.perkel.com /pbl/city/index.htm (3717 words)

	Cleveland Lawsuit for False Arrest
		The five were arrested on Good Friday as the Committee of 500 Years was conducting a protest against chief wahoo and the name Indians at the MLB team’s home opener.
		The protesters were arrested as they attempted to burn a Chief Wahoo and a Black Sambo likeness in effigy at the opening day of the Cleveland major league baseball team on April 10, 1998.
		The five protesters sued the City of Cleveland for false arrest, claiming their right to freedom of speech was violated.
	www.aimovement.org /moipr/CleveLawsuit.html (2367 words)

	SMO:Loss Prevention 10/04
		With thousands of shoplifting incidents occurring every year, merchants must be able to pursue legitimate efforts to detain and prosecute shoplifters, but they must also have policies and procedures in place to ensure that their efforts will not result in lawsuits for false arrest that could ultimately cost the company much more than the theft.
		This type of arrest almost always prompted a lawsuit by the persons not holding the stolen merchandise at the time of the arrest.
		The court also found the retailer guilty of malicious prosecution because the security officer failed to investigate the matter fully, led the arresting police officer to believe that she had investigated the matter, and failed to turn over the suspect's version of the event to the prosecutors.
	www.securitymanagement.com /library/001663.html (3553 words)

	False arrest at school leaves anger, disbelief
		While he said he understands that mistakes are bound to happen, both he and school officials question why officers told others at the school that he was a suspected pedophile.
		School officials also complain that the very public arrest at the school traumatized children and placed both children and parents in danger.
		McCann says that the arrest was as discreet as possible and was considered low-risk given that the man had no criminal history.
	www.oregonlive.com /news/oregonian/index.ssf?/news/oregonian/01/02/lc_41false07.frame (1083 words)

	[No title] (Site not responding. Last check: 2007-10-30)
		Did you know that if you sue for false arrest (or false imprisonment), the arrest is presumed to be false?
		Did you know that all you need to prove is that the arrest occurred, and then the burden is on the officer to prove that it wasn't false?
		Did you know that to make a false imprisonment case, all you need is to show that you were "restrained of your liberty by words and acts which you feared to disregard"?
	www.paperadvantage.org /FalseArrest.html (270 words)

	False Arrest, Shoplifting, security consultant, Chris McGoey, shoplifting, false arrest, security expert
		In the retail loss prevention profession, the possibility of falsely accusing and detaining a customer for theft is a business reality that must be addressed.
		These six steps were designed to establish a high degree of probable cause for detention and arrest of a person suspected of shoplifting.
		The word "false arrest" is very distasteful to the retail industry, so it has created several alternate words to describe the event.
	www.crimedoctor.com /shoplifting3.htm (1179 words)

	Saugerties man wins lawsuit for false arrest
		NEWBURGH: A jury awarded $20,000 to the operator of an adult-care facility for false arrest by Newburgh city police.
		What he picked up was an arrest for disorderly conduct and a five-year headache.
		Provost said he was "roughed up, handcuffed, verbally threatened and physically abused" while being held, cuffed to a bench, for two and a half hours until he was arraigned and released.
	www.recordonline.com /archive/2000/02/18/hyfalse.htm (380 words)

	Two NJ Libertarians win false arrest case
		They were charged with "defiant trespass," and jailed for six hours until they each raised $5,000 cash bail - despite the fact that the courts have held that political protests on Post Office property are not a crime, as long as it doesn't interfere with customers.
		Despite the fact that the charges were dropped, the libertarians went on to sue the police officers for wrongly arresting them.
		Then, his qualified immunity defense would fail because the arrest would not have been reasonable in light of his knowledge of this area of the law.
	www.libertarianrock.com /topics/rockstars/curfews/njlibertarians.html (686 words)

	Verified Complaint for Violations of 42 U.S.C. §1983, False Arrest and Imprisonment, Conspiracy (under §1983 ...
		The arrest was without reasonable grounds for said Defendants to believe Smith had committed an offense and Defendants knew they were without probable cause to arrest Smith.
		Defendants Colorone and McBroghan imposed by force or threats an unlawful restraint upon his freedom of movement, to wit by arresting and handcuffing his hands behind his back, transporting him to the Area A-1 police station where he was detained in a cell.
		The defendants agreed that the object or course of action was to arrest, detain, and confine Smith without probable cause, and maliciously charge and prosecute him with crimes.
	www.falseallegations.com /drano51-complaint-arrest-imprison-prosecution.htm (5629 words)

	Boston.com / News / Local / Conn. / Milford police sued for false arrest (Site not responding. Last check: 2007-10-30)
		NEW HAVEN, Conn.-- The Milford police department is being sued for $12 million by the parents of a 14-year-old boy who they claim was falsely arrested in a sexual assault case.
		Frey claims the relatives gave false statements to police that led to the 14-year-old's arrest.
		City Attorney Marilyn Lipton said Wednesday she was studying the lawsuit and declined comment.
	www.boston.com /news/local/connecticut/articles/2004/07/22/milford_police_sued_for_false_arrest (246 words)

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