The attorneys of The Bell Legal Group represent clients who have been falsely accused of a crime, incorrectly identified and held against their will. Believe it or not, most false arrests occur in instances of presumed shoplifting. Sometimes mall security guards overstep their authority by arresting shoppers they suspect of stealing. Nevertheless, a security guard or police officer cannot arrest someone merely on the suspicion that the person is going to commit a theft. In most jurisdictions, there must be some proof that a criminal act has actually been committed. In some cases the law even requires the plaintiff to prove that the suspect intended to steal, not simply show that he inadvertently left the store with an unpaid item.
Probably all of us have had the unpleasant experience of leaving a store without paying for an item we were carrying, even though we never intended to shoplift. Although this can technically be construed as shoplifting, even in these cases store security must be careful. Though unlikely, a security officer can still, in fact, be accused of false arrest under these circumstances.
False arrests also occur when bounty hunters try to arrest bail bond jumpers who have fled to other countries. In the U.S., bounty hunters do not have the authority to issue an arrest warrant for a suspect residing outside of the country. In at least two prominent cases, bounty hunters were charged with kidnapping after taking custody of a bail skipper outside of the United States and bringing them back to the court that issued the warrant.
Finally, there are always a relatively few cases each year where a legitimate arrest warrant was issued – but against the wrong person!
Although many false arrest suits result in only nominal damages, such mistakes usually result in large awards against the arresting officers.
The police misconduct attorneys of the Bell Legal Group take all forms of judicial misconduct very seriously. If you or a loved one believes that your civil rights were violated due to a miscarriage of justice by law enforcement authorities, consider that a false arrest may have played a part. Learn more about legal misconduct litigation by contacting the attorneys of the Bell Legal Group to discuss the elements of probable cause and due process regarding arrests.
Our skilled lawyers are willing and able to litigate cases involving false arrests. Our counsel and research will determine whether a false arrest – whether intentional or unintentional – gives you a case.
Please enter your information below to have your case evaluated by our police misconduct attorneys at no charge. Please note that submitting this form does not constitute an attorney-client relationship.
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