False arrest on a Paid Traffic Ticket
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?
03/12/2009 |
Category: Criminal |
State: ALL |
#15590
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.