Full question:
My son (26) was arrested on a warrant for a ticket which was taken care of. He has the ticket stamped by the court. He has been held in jail for 3 days because he was arrested on Saturday & Monday was a holiday. He has lost 2 days of work & embarrassed beyond belief, can we do anything?
- Category: Criminal
- Date:
- State: National
Answer:
False arrest can be the basis of a lawsuit for damages, including mental distress and embarrassment. The police have probable cause when there are enough facts to lead a reasonable person to conclude that you are committing or have committed a crime. This is a
considerably higher standard than the mere "suspicion" an officer needs in order to stop you briefly to investigate possible criminal activity. If the police do not have "probable cause" to arrest you, you can sue for false imprisonment. To prevail under a false imprisonment claim, a
plaintiff must prove:
(1) willful detention;
(2) without consent; and
(3) without authority of law.
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.