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  1. #1
    Join Date
    Mar 2007
    Location
    Miami, Florida
    Posts
    31

    Default Police and Unlawful or False Arrest and Imprisonment - Your Rights in Florida

    Florida law requires that arrests be made upon probable cause. If there is no probable cause for an arrest then the arresting agency and the police officer may be subject to an action for false arrest and false imprisonment.

    Also with respect to misdemeanor charges, in order for a police officer to physically arrest a person for a misdemeanor in Florida, the misdemeanor must have been committed in the presence of the officer. There are some exceptions such as in domestic violence cases. However, the officer still needs probable cause to arrest the person.

    In typical misdemeanor cases, if the officer didn't witness the incident, he may issue the person a "PTA" or promise to appear citation if the officer had probable cause to believe a crime had been committed. If the officer physically arrests a person for a misdemeanor not committed in his presence, he/she may still be liable for false imprisonment and unlawful arrest.

    The arrested person may have a civil case for money damages in such cases. The most important criteria aside from actual liability is whether or not the person has ever been arrested before. A person who has never been arrested before stands to be more traumatized than someone who has.

    You have 3 years from the time of the unlawful/false arrest to bring the action against the officer and government entity.

  2. #2
    Join Date
    Sep 2005
    Location
    California
    Posts
    14,763

    Default Re: Police and Unlawful or False Arrest and Imprisonment - Your Rights in Florida

    Quote Quoting Nicolas Babinsky
    Florida law requires that arrests be made upon probable cause.
    No, it does not "require" an arrest - it permits one.

    If there is no probable cause for an arrest then the arresting agency and the police officer may be subject to an action for false arrest and false imprisonment.
    If the officer knowingly and intentionally, or reasonably should have known, that no probable cause existed. This is not a common occurrence, and is extremely difficult to prove except in particularly egregious circumstances.

    Also with respect to misdemeanor charges, in order for a police officer to physically arrest a person for a misdemeanor in Florida, the misdemeanor must have been committed in the presence of the officer. There are some exceptions such as in domestic violence cases. However, the officer still needs probable cause to arrest the person.
    Of course. That's pretty standard everywhere.

    FL may also have a private person's arrest statute that allows the officer to make an arrest for a misd. NOT committed in his presence ... much the same as everywhere else.

    In typical misdemeanor cases, if the officer didn't witness the incident, he may issue the person a "PTA" or promise to appear citation if the officer had probable cause to believe a crime had been committed. If the officer physically arrests a person for a misdemeanor not committed in his presence, he/she may still be liable for false imprisonment and unlawful arrest.
    There ARE exceptions.

    Specifically, WHAT happened in your situation?

    The arrested person may have a civil case for money damages in such cases. The most important criteria aside from actual liability is whether or not the person has ever been arrested before. A person who has never been arrested before stands to be more traumatized than someone who has.
    Interesting legal theory - I suppose an argument could be made to that effect ... you got a cite?

    You have 3 years from the time of the unlawful/false arrest to bring the action against the officer and government entity.
    Is there a question here somewhere???

    - Carl
    A Nor Cal Cop Sergeant

    "Make mine a double mocha ...
    And a croissant!"


    Seek justice,
    Love mercy,
    Walk humbly with your God

    -- Courageous, by Casting Crowns

  3. #3
    Join Date
    Jan 2006
    Posts
    27,121

    Default Re: Police and Unlawful or False Arrest and Imprisonment - Your Rights in Florida

    Quote Quoting cdwjava
    View Post

    Is there a question here somewhere???

    - Carl
    I don't think so. I believe the esquire has taken it upon himself to educate all the ignorant folks on the forum.

    Apparently from the edit to his post, he is trying to drum up business as well. I would guess the solicitation was an offer to represent those falsely arrested in Florida.

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