Arrest After a Non-Violent Confrontation

Back in September of 2014 someone I know of was arrested here is what happened.

while leaving a football game this person happen to run into an individual , they don't like eachother . the individual had his wife with him .the individual gave my friend a look , my friend then approached him , they had a few choice words but the individual was scared and so was his wife . He then started yelling for the cops ! there we're no threats given nor was any physical contact made . My friend walked away after somebody pulled up in a car and just told him to walk away and that was it he left .
(There's a long story behind this but this is short version)

two days later after coaching football practice my friend came home and two cops we're there to arrest him ? They had a warrant ?? FOR WHAT? They didn't even get his side of the story and there we're no cops even at the scene? The guy pressed menacing charges .. The situation is done with but it's eating my friend alive how they can get away with that . A cop even told him he got fu*ked . Appearantly this guy my friend got into it with and the mayor are good friends. They took my friend to the ATM the night they arrested him and we're really nice about it but he had to go through so much bs! Had to get an attorney and pay over $300.00 They never contacted him they just took one side of the story and arrested him!
Am I right or this arrest false ???

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Quoting jd1985

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Am I right or this arrest false ???

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You are wrong and no, it isn't false arrest. The police are not required to get both sides before moving forward with a case.

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Quoting jd1985

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two days later after coaching football practice my friend came home and two cops we're there to arrest him ? They had a warrant ?? FOR WHAT? They didn't even get his side of the story and there we're no cops even at the scene?

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Apparently he was arrested for the warrant. And the police rarely ask any questions when they make an arrest on a warrant as they are not usually the investigating officers.

As mentioned, the police are not required to get the statements of all parties before writing a report and submitting it to the DA. And the DA doesn't need both statements to decide if he has probable cause to seek an arrest warrant. It appears the DA and a judge felt there enough cause to issue the warrant.

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They never contacted him they just took one side of the story and arrested him!
Am I right or this arrest false ???

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Nope, it's not. And in some states (maybe yours) a private person can "swear out" an arrest warrant before a magistrate. That would mean the burden is upon that person.

Your friend needs an attorney to help defend himself from the charges.

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Quoting free9man

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You are wrong and no, it isn't false arrest. The police are not required to get both sides before moving forward with a case.

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The arrest may, indeed, be false, but NOT because the arresting officers did not get the arrested person's side of the story. If there was not enough evidence in the original complaint, and if the arrest warrant was issued only because the complainant and the mayor are good friends, then the arrest was false. The arrested person's lawyer should examine all the evidence that was known to the judge issuing the warrant.

The mayor is not part of the warrant process. The state is not mentioned, so we cannot say what the process might be. But, in some states it merely requires a magistrate and the complainant to swear out certain types of arrest warrants (no mayor, no officer).

If the matter goes to trial, the OP's friend will have the ability to defend himself.

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Quoting John_28

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The arrest may, indeed, be false, but NOT because the arresting officers did not get the arrested person's side of the story. If there was not enough evidence in the original complaint, and if the arrest warrant was issued only because the complainant and the mayor are good friends, then the arrest was false. The arrested person's lawyer should examine all the evidence that was known to the judge issuing the warrant.

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Making a claim of false arrest traditionally carries a pretty high burden of proof; most cases in which people throw around the term "false arrest" everyday are actually nothing of the sort. When a person is detained for shoplifting but doesn't have the merchandise on them, when they are arrested for anything and then found not guilty, or when a person is arrested for anything and the charges are dropped for lack of evidence are all cases in which people routinely try to claim that they were the victims of a "false arrest." And that claim would go nowhere in those cases.

The only successful claims I've heard of involving "false arrest" are when there is compelling evidence that cops/others acted in bad faith and never even believed that they had probable cause to make an arrest. A good example would be an audio and/or video recording of a police officer bragging that he hooked up his ex girlfriend because he hates her even though he knew full well that she wasn't even in the area of the alleged crime when it occurred, but "what the hell, [he] could probably find a way to make the charges stick or she'll just plead guilty to avoid the hassle."

As you can imagine, such compelling evidence is rarely found and such situations are exceedingly rare to begin with.

Agreed.

About all the OP's friend can realistically hope for if the claims are bogus is that the matter is never pursued in court.

but the only witness there was his wife if she even counts .. he made no threats nor did he assault anybody

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So you mean to tell me if I get in an argument or disagreement with somebody and they feel threatened they can go to the police and file menacing charges ? It's as easy as that now a days ??? That's crazy

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Quoting jd1985

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but the only witness there was his wife if she even counts .. he made no threats nor did he assault anybody

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If the only witness was his wife, then you really don't know WHAT was said.

And, if it goes to court, she can certainly testify on his behalf.

Keep in mind that the standard for an arrest is merely probable cause to believe a crime occurred and the person arrested committed the crime, NOT proof beyond a reasonable doubt (which would be needed for a conviction).

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So you mean to tell me if I get in an argument or disagreement with somebody and they feel threatened they can go to the police and file menacing charges ? It's as easy as that now a days ??? That's crazy

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You can make a report to the police, and they can forward it to the DA. Whether the DA files charges or not will depend on all the details they have.

Plus, as you have not indicated what state you are in, we have no way of knowing whether it is possible for an individual to seek an arrest warrant before a magistrate or not. Such a practice is used in a very small number of states.

It was ohio .. I don't think my friend should have gotten arrested . It was a simple argument and he walked away . Just because the guy felt threatened didn't mean he was !