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  1. #1
    Join Date
    Feb 2010
    Posts
    233

    Default False Arrest

    What's the definition? IF someone was arrested falsley, maybe an error in identification, would one have a high probability of winning a law suit for false arrest?

  2. #2
    Join Date
    Dec 2009
    Location
    Earth
    Posts
    207

    Default Re: False Arrest

    An arrest made without probable cause is a false arrest. Whether yours was one and how much you can expect to win are questions you should ask a lawyer about. I know I found a lawyer for my case, perhaps you should do the same. It'll depend on the facts of your case and what state you're in, neither of which you seem to have posted.

  3. #3
    Join Date
    Sep 2005
    Location
    California
    Posts
    20,594

    Default Re: False Arrest

    Quote Quoting NCC 1701
    View Post
    What's the definition? IF someone was arrested falsley, maybe an error in identification, would one have a high probability of winning a law suit for false arrest?
    That would depend on whether or not the error in identification was egregious and constituted negligence, or if it was reasonable. An arrest requires only probable cause to believe the person contacted is the subject on the warrant which can be a pretty low standard. Even if the officer failed to exercise diligence in verifying the identity of a subject of a warrant, the likelihood of a winning lawsuit would also depend on damages. If the person was arrested and taken in, and after fingerprinting determined not to be the person on the warrant, he would likely be released. Being in the jail for a few hours may not be sufficient to support a successful lawsuit as the damages would be minimal.

    In short, the person would have to show some form of intentional negligence beyond a simple mistake.

  4. #4
    Join Date
    Mar 2010
    Posts
    1

    Default Re: False Arrest

    I was arrested for using an counterfit bill,

    Story, I am a father of two I own and operate
    my own biz, I make good money, I went with my friends
    to a club in newyork call suzywong located on 27th
    street b/w 9 and 10 ave, as we went inside there were
    70 people inside, I purchased 3 drinks from the bar and
    used a us 100 bill the bartender checked the bill 2 times gave
    me the change and that was it.

    Now after 1 hour the manager comes to me and ask me to
    come in the back where they have 2 security guys standing
    I asked what's the matter, they said I used 4 counterfit bills
    and the bartender pointed me out, I replyed I only went to the
    bar once. But he didn't care what I had to say.
    He said give me 400 dollars or I will call the cop
    I said go ahead, cops came he showed the bills, I told them check
    your tapes you will see I only went to the bar once
    they didn't listen to anything and arrested me.

    My question is can I sue the night club and nypd.

  5. #5
    Join Date
    Aug 2007
    Posts
    3,835

    Default Re: False Arrest

    Quote Quoting srazvi
    View Post

    My question is can I sue the night club and nypd.
    No to both.

    1. If you passed some phony bills, whether or not you knew they were fake, what TORT is the club guilty of in detaining you? I don't see any.

    2. As was stated, for an arrest to be false, it means no probable cause existed to do so, in other words, mainly, a fabrication of evidence.

    To "successfully" sue the police you will need to prove they violated "clearly established law", as they enjoy, per the United States Supreme Court, "Qualified Immunity", that is a hard burden to overcome.

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