Wrongful arrests can be a tricky subject to discuss because there is the legal explanation and then there is the reality of wrongful arrest. If you are dealing with wrongful arrest, then the first thing to do is nothing. Do not resist arrest. You may think that it is a violation of your rights, and it may be, but law enforcement officers have a protection called "qualified immunity." That means that it is very hard to take an officer to court because of a false arrest because they are protected during discretionary acts. The law states that you can resist a false arrest, but only under specific circumstances such as:
* If you do not know that they are a law officer and you think that you are being kidnapped
* If you think that you will be a victim of police brutality if you are arrested
* If you think that the officer that is arresting you is an impersonator
Even though the law says that you can resist in these situations, the reality is, if it turns out that they really are police officers of the law then you will most likely be in a lot of trouble. If you are arrested falsely you should show the officer respect and simply follow their orders. Once you are at the police station, ask for a lawyer and do not say a word until they arrive. Remember, there are no "off the record" conversations with the police. Even | |
if they say that they just want to have a friendly conversation to clear a few things up, do not speak to anyone about a single thing until your attorney arrives.
When we think about false arrest, we generally think about State patrol, county police, or city police. However, there is another type of police that can still arrest you, and they have a different way of going about things, and handle these types of situations a little different. This person is the retail security officer. The last thing that a store wants to happen, is that they are known for falsely arresting one of their customers. As a result, stores typically go by...
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