|
False arrest is a common law tort, where a plaintiff alleges he or she was held in custody without probable cause, or without an order issued by a court of competent jurisdiction. Although it is possible to sue law enforcement officials for false arrest, the usual defendants in such cases are private security firms. ==Overview== After an arrest, if the charges are dropped, a person will sometimes file legal action or a complaint against the appropriate arresting agency. In most jurisdictions, the arrest powers of police and police agents are in excess of those afforded to ordinary citizens (see citizen's arrest). However, the powers of police officers to arrest are not unlimited. Generally speaking: #Anyone may arrest a person if in possession of an arrest warrant issued by an appropriate court. In the United States, this includes bounty hunters (agents of bail bondsmen) acting under the authority of a bench warrant to bring a criminal defendant who has skipped bail to court for trial. #A police officer, or a person authorized by a jurisdiction's police powers act, may arrest anyone whom the officer has reasonable and probable cause to believe has committed any criminal offence. However, in the case of a misdemeanour, summary conviction offence, or non-criminal offence (such as a municipal by-law offence) the officer may arrest the suspect only long enough to identify the suspect and give the suspect a summons to appear in court, unless there is reason to believe they will not appear in answer to the summons. #Any person may arrest someone suspected of committing a felony or indictable offence, as long as the arresting person believes the suspect is attempting to flee the scene of the felony. A person cannot be arrested on suspicion of committing a felony well after the fact unless the arresting officer possesses an arrest warrant. 抄文引用元・出典: フリー百科事典『 ウィキペディア（Wikipedia）』 ■ウィキペディアで「False arrest」の詳細全文を読む スポンサード リンク
|