Questions tagged [false-arrest]
16 questions
6
votes
2 answers
What are the consequences (if any) of admitting to a crime one did not commit?
Say that Vicky the Victim is murdered by Mark the murderer. However, Mark's best friend Fred doesn't want Mark to go to jail. So Fred admits to the murder, trying to take the fall in Mark's stead.
In the worst case, obviously, Fred is convicted for…
chausies
- 6,242
- 3
- 39
- 77
4
votes
0 answers
Under what law were the Republic protestors initially detained?
The detention of the Republic protestors at the coronation is reported so:
At around 6am on the morning of the coronation, Smith and his colleagues brought down the amplifiers and megaphones from their Premier Inn hotel on St Martin’s Lane to…
User65535
- 10,342
- 5
- 40
- 88
4
votes
1 answer
Recourse to resistance in citizen's arrest
I am curious about citizen's arrest, at least in how it applies in the U.S., particularly the recourse the arresting party has in case of resistance/evasion. Let's say you see an assault/battery take place, after which the perpetrator attempts to…
amphibient
- 415
- 1
- 4
- 10
4
votes
1 answer
Is it really an abduction if the protest or resistance ends before the "victim" is "released"?
My friend ran into her ex-boyfriend at a store. They began arguing, he grabbed her and carried her to his truck, then drove off with her and didn't have her consent.
She tells me that he was going to take her home after "dragging her to Burger…
Casey
- 41
- 1
3
votes
1 answer
Order of oral evidence in claims against the police (England)
It’s well established that a person who pleads unlawful imprisonment does not need to prove that they should have been free. It is for the imprisoning party to justify their act.
How, if at all, does this affect the order of oral evidence? Should…
Josh collins
- 33
- 2
2
votes
0 answers
What precedents specify the scales of compensation for false arrest, and how would one set about finding them?
According to an unreferenced law firm’s website,
As a general guideline, you may be able to claim around £870 for the first hour of false imprisonment, which increases to around £5,210 for 24 hours.
In some cases, you may also be entitled to…
TylerDurden
- 11,476
- 3
- 33
- 105
1
vote
0 answers
Can this retailer be successfully sued for false arrest, false imprisonment or other tort?
Here is a Youtube recording (2:00 to 3:00 minutes) where a defense lawyer related the story of a client accused of stealing by a retailer. The retailer's personnel stopped and questioned the woman (fair enough). But then they detained her for…
Libra
- 6,720
- 5
- 28
- 56
1
vote
0 answers
What are the rules and laws for guards and loss prevention in NYC during Covid-19 in NYC?
What are the rules and laws for guards and loss prevention in NYC during Covid-19 in NYC?
I've read that security guards and loss prevention are not allowed to detain people, essentially false imprisonment, over merely a suspecion of wrong…
KingsInnerSoul
- 652
- 8
- 19
1
vote
0 answers
Cop arrests nurse despite fully knowing that she had done nothing wrong. Will a personal lawsuit against the cop be likely to win?
Officer Jeff Payne put Alex Wubbels a hospital nurse under arrest even though it was ever so blatant that she had done nothing wrong. Will suing this cop personally be likely to succeed?
I've read online that it can be very difficult to sue officers…
Rstew
- 942
- 7
- 15
0
votes
1 answer
Could a person be indefinitely detained without trial by being briefly released every 24 hours?
As I understand it the police must charge someone with a crime within 24 hours of arresting them. Suppose the police wanted someone put away but didn't want to go through the trouble of convicting them. Could they arrest them, set a 24-hour timer,…
TheWreckersCompanion
- 109
- 3
0
votes
1 answer
What can I do to someone falsely accusing me
Let's say I get into an argument with someone. He falsely accuses me and I deny. He calls the police/local law enforcement of that place and it becomes clear that I was right. Now, what can I do to have him be punished for the time…
Tapal Goosal
- 111
-2
votes
2 answers
Legal basis for arresting a person not actively committing a crime?
Originally the purpose of an arrest in English common law, meaning a deputy of the state seizing and holding a suspect against their will, was to apprehend the suspect to confirm their identity. In the case that they were seized in the commission of…
Cicero
- 7,354
- 5
- 37
- 60
-2
votes
1 answer
Does self-incrimination give way to improving credibility to a court
Take this bizarre scenario, a husbands His wife calls the police on him one afternnon cause he wont leave their marital residence. Police arrive and see a mark on his arm, asked him who did that, husband said his wife, and cops went in the house…
rhill45
- 97
- 1
-3
votes
2 answers
An enigma regarding double jeopardy laws
I am currently debating this with my friend.
So in a hypothetical situation, Person A was falsely accused of a horrible crime, like say, rape or murder. However, Person A was found guilty anyway because of a lack of evidence to defend themselves.…
Kevin Trans
- 3
- 1
-3
votes
1 answer
Can a Court Commissioner be sued for for wrongly charging a crime and issuing an arrest warrant?
In Maryland, anyone can press criminal charges against another person (without any involvement of police) simply by going down to the courthouse and filing a written complaint with a judicial official called a "Commissioner".
Once the person files…
Saqib Ali
- 669
- 1
- 6
- 11