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Questions tagged [false-arrest]

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Can you be arrested for breaking into the house you live in when it's an emergency? [closed]

The house I lived and caught on fire. A man set the fire. My animals were inside locked in, and I broke the back window, trying to get in to get my animals out and they arrested me. Is that legal
Patricia Coomey's user avatar
-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 ...
Saqib Ali's user avatar
  • 605
2 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 ...
Josh collins's user avatar
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. ...
TylerDurden's user avatar
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 ...
User65535's user avatar
  • 7,170
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 ...
chausies's user avatar
  • 4,141
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 ...
TheWreckersCompanion's user avatar
-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 ...
Cicero's user avatar
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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 (...
Libra's user avatar
  • 6,498
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 ...
KingsInnerSoul's user avatar
-3 votes
2 answers

An enigma regarding double jeopardy laws [duplicate]

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 ...
Kevin Trans's user avatar
-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, ...
rhill45's user avatar
  • 97
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 ...
amphibient's user avatar
-4 votes
1 answer

Is it kidnapping if the resisting stops [duplicate]

If a person takes another person against their will but the victim quits fighting is it still a kidnapping?
Lauren's user avatar
  • 1
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 ...
Casey's user avatar
  • 41
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 ...
Tapal Goosal's user avatar
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 ...
Rstew's user avatar
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