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False Arrest

False arrest refers to a situation when a person will claim that they were detained without good reason or without an order given by the court. Individuals in law enforcement, such as police officers, are sometimes subject to cases of false arrest but the majority of cases are usually held against private firms.

 

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There are a few cases in which someone can legally place another person under arrest. Anyone who has a legal arrest warrant has the authority to arrest someone. This includes bounty hunters who act under the authority of the court, and allows them the right to bring in an individual who has not paid bail. Bounty hunters are allowed to arrest such individuals to bring them to trial.

Police officers usually have far more rights than those of citizens when making arrests. However, the rights of police officers making an arrest do have their own boundaries and limitations.

A police officer also has the right to make an arrest providing that they have just cause that the person they are arresting has been involved in illegal activity. In the case of a misdemeanour, or other minor offence, the officer only has the authority to arrest the person for the period of time that is required to identify them and issue them a summons to appear in court. The office may only hold the individual longer if the officer believes that the person will not reply to the summons.

Any individual may also arrest someone if it is suspected that person has committed a felony and the arresting person believes that the suspected person will attempt to leave the scene of the felony. An individual cannot be held under arrest based only on a suspicion they have committed a felony unless the arresting person has an arrest warrant.

The majority of cases of false arrest are cases involving shoplifting and are held against private security companies and stores. A security guard working for a private security company does not have the authority to arrest someone based on a suspicion that the person is likely to commit a crime. In most cases, there must be some proof that the illegal act has already been committed. For instance, the person must actually try to exit the store without paying for the items they have stolen.

Bounty hunters cannot arrest anyone outside of the United States. American bench warrants are valid in any state. However, in Canada and Mexico, only law enforcement officials are authorized to execute bench warrants.

There have been a few cases where the arresting officer or bounty hunter has made a lawful arrest against the wrong person. Most false arrest suits result in high damages awarded to the plaintiff against the officer. However, there have been cases where the false arrest suits result in only nominal damages.

 

 

 

 

 

 

 


 

 


 

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