Unlawful arrest, also known as false arrest, can be committed by law enforcement officers or civilians. Law enforcement agencies have broad powers but need to demonstrate probable cause. Civilians can carry out citizen’s arrests in certain situations. Wrongful arrest is a civil wrong, and people have the right to resist unlawful arrest. Police officers and civilians receive training to reduce the risk of unlawful arrests.
When someone is deprived of their liberty by someone who claims to have legal authority, but is actually acting without that authority, it is considered an unlawful arrest. Also known as a false arrest, unlawful arrest can be committed by law enforcement officers or civilians. The person who has been unjustly deprived of liberty in the illegitimate arrest can take civil action for compensation for damages. Unlawful arrest can proceed to unlawful detention, where someone is held unlawfully in addition to arrest.
Law enforcement agencies have broad powers when it comes to making arrests. They are in charge of keeping members of the public safe, and arrests are among the tools they can use. However, law enforcement agencies also need to be able to demonstrate probable cause when making arrests. If there is a warrant for a person’s arrest or a person is clearly connected to a crime, the arrest will be lawful. In cases where a law enforcement officer makes a random arrest, that arrest would be illegal.
Civilians can, in certain situations, carry out the so-called arrest of a citizen. Such arrests involve situations where someone has demonstrably committed a crime and is attempting to flee the scene. A civilian can take action to detain the person until a law enforcement officer arrives. When the situation does not meet the standard necessary for a citizen to be arrested, the arrest becomes illegal.
Also known as a false arrest, wrongful arrest is a civil wrong or tort. An example of a situation that could be considered a false arrest would be a case where someone is browsing a department store and is arrested by a private security officer on the grounds that they might be a shoplifter. People cannot be arrested on the grounds that they might shoplift; security officers can detain people who try to leave with goods they haven’t paid for, but they can’t make preemptive arrests.
Under the law, people have the right to resist unlawful arrest. If the person making an arrest does not provide identification or explain what he is doing, the citizen can resist. People cannot use inappropriate force to resist illegal arrest.
Police officers are meticulously trained so that they understand the standards for making a lawful arrest. Civilians who may find themselves in situations where they need to make arrests, such as people who work as security guards, also receive careful training to reduce the risk of unlawful arrests.
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