False Arrest Or False Imprisonment

A false arrest is when a person claims that they have been held against their will without probable cause or court order. A false arrest can be a kind of police misconduct. For example, if an officer takes a person into custody only because they're African American, then that person may claim to be a victim of a false arrest. Officers have a right to stop you and arrest you with probable cause. Police can arrest individuals without a warrant if they witness a misdemeanor or felony take place. To prove that an arrest was a false arrest, the victim has to prove that the arresting officer did...

If you are imprisoned by someone who doesn't have justification or legal authority, then you may be a victim of false imprisonment. False imprisonment takes away your ability to move to where you want to go freely. For example, if someone stops you and will not allow you to leave, this could constitute false imprisonment. Interestingly, false imprisonment can occur when you are arrested improperly. For instance, if you are arrested by someone without legal authority and then taken into custody, you'll be a victim of false imprisonment from the time when you were take away and restrained....

A woman is claiming that she was a victim of false arrest, false mental health arrest, false imprisonment, fraudulent charges and more after she was arrested during a confrontation between herself and the instructors at the local Citizens Police Academy in Albany. One officer, in body-cam footage, made a lewd motion to another officer as the woman was sitting on a bench. She can be heard saying that the officer is attempting to antagonize her. The 25-year-old woman later discovered the officers mocking her and one asking if the other had gotten her phone number. The woman claims today that...

In recent news from Jan. 28, it was reported that a man decided to sue the city and the New Rochelle Police Departments for his wrongful arrest. He claims that he was taken into custody in January 2018 when the police received an anonymous call stating that he'd violated an order of protection by being at the address. The order of protection mandated he stay away from a woman who was later called for verification. She told police that she did not live at the residence and was living in Connecticut, so the man had not violated the order. They contacted her attorney who told them the same....

False imprisonment is something that violates your civil rights. Interestingly, false imprisonment happens more often than you may think. There are a few elements of a false imprisonment claim that have to be met before you can prove it. They include: Suffering from willful detainment Not consenting to detainment Being detained unlawfully When you can prove that you were detained, did not consent to it and had not broken any laws, then you may have a solid case against those who violated your rights. Does physical force have to be used in unlawful detainment cases? While physical force might...

Everyone has heard of a citizen's arrest, but have you ever witnessed one? Do you know of anyone who has ever made a citizen's arrest? This is a real thing that citizens are allowed to do. But, is it something you should actually consider doing? Are you worried about the legal implications? Could you be accused of false imprisonment if you try to make a citizen's arrest? Let's take a look at the citizen's arrest so you have a clear picture. Was there a necessity for the citizen's arrest? There needs to be one of four important reasons for the arrest to be present in order for the arrest to...

Evidence plays an important role in criminal cases all across New York. When there is enough legitimate evidence present in a case, it can help convict a suspect of a crime. When there isn't enough evidence, the jury might return a not guilty verdict. There are four types of evidence recognized by the courts and we will take a look at them today. The four types of evidence recognized by the courts include demonstrative, real, testimonial and documentary. The first type, demonstrative, is evidence that demonstrated the testimony given by a witness. This is typically done using diagrams, maps,...

There are so many different ways people look at getting arrested. Some view it as a stigma. Others are so used to it they don't bat an eye when they hear of someone they know getting arrested. For some people, getting arrested can be illegal. So, we ask the question, what does it mean for an arrest to be legal? We will answer that question in today's post. For an arrest to be legal there needs to be probable cause present. This means that the arresting officer cannot simply arrest you because they want to arrest you. There needs to be evidence, either concrete or verbal, that there was a...

The chief executive officer (CEO) of Starbucks has announced that he wants to meet the black men who were arrested at the Philadelphia Starbucks last week so he can personally apologize. Apparently, the men were there to attend a business meeting and were waiting for their associate to arrive before ordering their coffee -- a practice that most Starbucks patrons are familiar with. It is, after all, polite to wait for your friend or business associate before placing your order at a cafe. However, in a clearly racially-motivated act, an employee at Starbucks felt that the men should leave...

A Brooklyn man filed a lawsuit claiming that the Pennsylvania State Police falsely arrested and falsely imprisoned him. According to the lawsuit, the man was arrested on suspicion of drugged driving, and Pennsylvania authorities subsequently held him in jail for five months before he was released due to a lack of evidence. The state police department settled the lawsuit for $150,000 on Nov. 3. As per the language in the settlement, the police neither admit to liability nor fault. The settlement covers the costs related to the man's loss of vehicle, apartment and occupation while he was being...