False arrest is no longer a new thing. We hear it sometimes even though it is commonly limited to police false arrest. The following things inform essential detail of false arrest you really need to know for your own sake.
#1. Actions Categorized as False Arrest
All actions done to someone, where he or she is forcefully arrested, without any jurisdiction or legal authority, are considered false arrest. Locking someone in a room or a car, preventing someone going somewhere against his or her will can be good examples.
#2. Location False Arrest Often Happen
False arrest can happen to anyone by anyone. Based on reports during the last decade, such incidents happen on places like on the street, inside a moving vehicle like car, and in a room like houses, offices, or police stations.
#3. Elements Included for Claim
An action is a false arrest when it is done unlawfully, is done against the victim will, and it has wilful unlawful detention that has no consent.
#4. Everyone’s Right in False Arrest
The arrest must be confusing and unpleasant. We will have the urge to explain that we remain innocent. The best behaviour while becoming the victim of false arrest will remain silent until we get legal aid like lawyer on our side.
#5. Common Defences against a Claim
Voluntary consent is the common defence. Besides, police officers and shopkeepers have the privilege to detain someone if they suspect a crime happens and the victim is considered guilty.
#6. Victim Needs the Most Help
When we are a victim of this action, we become the person who need help the most. We can hire a lawyer to help us. Don’t worry, hiring a lawyer in such situation doesn’t always mean we are guilty.
#7. False Arrest doesn’t Always Include Physical Contact
Most physical arrest logically includes physical force to victim. However, indirect contact like bank robber threatening customers or withholding something value so victim cannot do a thing can be categorized as false arrest.
#8. Calling 911 Helps
When the incident happens and it is possible for us, we should immediately call the 911. If we can’t do it, eye witness or family should do it immediately. Who calls 911 at the first place is always considered as the victim first.
#9. Police Office Still Can be Sued
If a police officer arrests someone without enough jurisdiction reasons or legal problem as background, and he continues it with detention, he can be sued for false arrest.
Understanding the scope, field, and the defence, you are now able to act more carefully, and to be aware if such action happened to you.