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false arrest or false imprisonment Archives

What are the elements of false imprisonment?

When individuals in North Carolina and elsewhere are accused of a crime, he or she will likely be placed under arrested. Presuming that authorities have reasonable suspicion and probable cause, this action is most likely legally carried out. But what happens if an officer does this without the necessary evidence to back up a suspicion? This could generate a complex situation that could help a defendant poke holes in the state's case, evening suppressing evidence used against them.

What constitutes false imprisonment?

Being arrested is an overwhelming and unfortunate event to experience. While this may not result in formal charges being placed against an individual, it could result in serious criminal allegations. Thus, no matter the reason for law enforcement to restrain an individual and apprehend them, it is important that individuals understand their rights leading up to and during this situation. This could help establish if a lawful arrest is actually taking place or if their rights are, in fact, being violated.

When does a false arrest violate the Constitution?

Police misconduct is a divisive issue in Concord these days, especially given the high-profile nature of certain instances across the nation over the past couple years, in which some claim police used too much force when performing their jobs. What is important to keep in mind, however, is that police are limited in what they can do, per the United States Constitution.

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