Illegal arrests occur when someone is detained without proper authorization by law. Private security firms and law enforcement agencies can both be charged with unlawful arrests. Arrest laws vary by country, with some prioritizing personal freedom and others national security. An arrest is illegal if there is no probable cause, and if someone is detained beyond the limit permitted by law. People may resist unlawful arrest, but excessive force is not allowed. Gray areas exist when people object to what they believe are unlawful arrests.
An illegal arrest is an arrest made in a situation where it would not be authorized by law. This usually becomes a problem when people are illegally detained after being arrested. There are a number of environments where unlawful arrests can occur, and the legal penalties vary. Most commonly, private security firms are charged with unlawful arrests, but law enforcement agencies also have the potential to violate the law when they make an arrest, detain a suspect, or search an arresting suspect.
Arrest laws vary around the world. Some nations place a very high priority on the personal freedom and physical autonomy of their citizens and establish clear rules for situations in which arrests are justified and how such arrests can be conducted. Other nations believe that national security and public safety are more important than individual freedoms in certain situations and may have more leniency in laws surrounding arrests.
As a general rule, an arrest is illegal if the person making the arrest cannot prove probable cause. Anyone can potentially make an arrest, but private security firms and overzealous civilians are more likely to make an illegal arrest due to an imperfect understanding of the law, as they lack the training available to police officers. In a simple example, a police officer cannot arrest a man walking down the street because he is of a certain race or ethnicity. However, a police officer could arrest the man if he resembles a suspect in a newly reported crime in the area.
An arrest can also be illegal if someone is detained beyond the limit permitted by law. For many traffic offences, for example, people may be arrested for a subpoena but must be released immediately thereafter unless there is a legitimate fear that they will not appear in court to respond to the subpoena. If people are held beyond the time required for a minor misdemeanor summons, it can be considered an unlawful arrest.
People may choose to resist unlawful arrest, even if they cannot use excessive force in doing so. Some gray areas can be entered when people object to what they believe are unlawful arrests. Cases where police officers failed to identify before making an arrest or where the situation was not clearly communicated to the suspect have in some cases been considered unlawful arrests, justifying the evading arrest by the subject.
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