False imprisonment is something that violates your civil rights. Interestingly, false imprisonment happens more often than you may think.
Everyone has heard of a citizen's arrest, but have you ever witnessed one? Do you know of anyone who has ever made a citizen's arrest? This is a real thing that citizens are allowed to do. But, is it something you should actually consider doing? Are you worried about the legal implications? Could you be accused of false imprisonment if you try to make a citizen's arrest? Let's take a look at the citizen's arrest so you have a clear picture.
Evidence plays an important role in criminal cases all across New York. When there is enough legitimate evidence present in a case, it can help convict a suspect of a crime. When there isn't enough evidence, the jury might return a not guilty verdict. There are four types of evidence recognized by the courts and we will take a look at them today.
There are so many different ways people look at getting arrested. Some view it as a stigma. Others are so used to it they don't bat an eye when they hear of someone they know getting arrested. For some people, getting arrested can be illegal. So, we ask the question, what does it mean for an arrest to be legal? We will answer that question in today's post.
The chief executive officer (CEO) of Starbucks has announced that he wants to meet the black men who were arrested at the Philadelphia Starbucks last week so he can personally apologize. Apparently, the men were there to attend a business meeting and were waiting for their associate to arrive before ordering their coffee -- a practice that most Starbucks patrons are familiar with. It is, after all, polite to wait for your friend or business associate before placing your order at a cafe.
A Brooklyn man filed a lawsuit claiming that the Pennsylvania State Police falsely arrested and falsely imprisoned him. According to the lawsuit, the man was arrested on suspicion of drugged driving, and Pennsylvania authorities subsequently held him in jail for five months before he was released due to a lack of evidence.
A local leader from the Black Lives Matter movement says that New York police nearly killed him during his arrest at a peaceful demonstration. The man says that police handcuffed him while he was participating in a protest against the immigration ban instituted by the White House last February.
False criminal accusations are much more common than most New York residents think. When a false criminal accusation happens, it means that the accused person is charged with a crime that he or she hasn't committed. Even worse, the accused person could go to jail and lose his or her rights and freedoms in the event that the false accusation leads to a conviction.
No one is legally permitted to imprison or detain another person without very good reason for doing so. However, when it comes to potential shoplifters and a shopkeeper's right to detain someone suspected of stealing from a store, shopkeepers benefit from what is referred to as "shopkeeper's privilege."
Lawyers are trained to recognize when a particular case has legal merit. Nevertheless, an individual might choose to pursue a legal action -- even though a basis did not exist -- simply out of a malicious intention to harm the person being targeted in the suit. These types of lawsuits are called malicious prosecution.