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:
A false arrest can lead to a lawsuit for damages, including emotional distress and embarrassment. Police must have probable cause to arrest someone, meaning there must be enough facts for a reasonable person to believe a crime has been committed. This standard is higher than mere suspicion, which is enough for a brief stop to investigate. If the police lacked probable cause for your son's arrest, he may have grounds for a false imprisonment claim. To succeed, he must prove: (1) willful detention; (2) without consent; and (3) without legal authority.
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