False arrest is a growing problem typically associated with security guards or officers who failed to follow proper procedures. Any citizen who believes that they have been arrested or detained without a valid reason can seek legal assistance to file a claim against the arresting officer. If you were arrested without probable cause, you should contact a False Arrest Lawyer today.
Understanding False Arrest
An officer of the law must possess probable cause to make an arrest. This implies that he or she witnessed you committing a crime or that the court has sufficient evidence showing that it is probable that you committed the offense or were involved. Without probable cause, the officer cannot arrest you. They must also possess a court-issued warrant that identifies you and gives the officers the legal right to take you into custody.
In order for the arrest to be false, you must prove that the officers didn’t possess probable cause. For instance, if you are taken into custody by a security guard who insists that you were shoplifting, and there isn’t any proof, this is a false arrest. If the security guard detains you without video surveillance or physical evidence of this crime, you have the right to file a lawsuit against him or her.
Illegal Seizure
Illegal seizure often goes hand and hand with a false arrest. Under your fourth amendment rights, an officer cannot search your person, car, or property without probable case and, in some cases, without a proper warrant. If he or she doesn’t possess probable cause and cannot prove this in a court of law, any evidence obtained during the search is inadmissible in a court of law.
Common violators of the false arrest laws are also bounty hunters. Unfortunately, in some cases, they arrest the wrong suspect. When this happens, the individual has the right to sue for false arrest under these tort laws. Whenever an arrest is made, it threatens the individual’s reputation and standing in business and society. In some cases, this can have damaging effects. If you were the victim of a false arrest, you should contact Zaloba Edward to hire a False Arrest Lawyer today.
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