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false arrest or false imprisonment Archives

Understanding racial profiling and false arrests

When an individual is arrested, it is assumed it is because he or she broke the law. While this is often the case and police officers are expected and entrusted to carry out their duty to arrest those who broke the law, some individuals are falsely arrested. This means that they are unlawfully arrested based on false allegations. In some cases, this could mean simply being arrested because of one's race

Helping people clear their name following a false arrest

We all know the phrase "innocent until proven guilty." While this is the case when a person is in a court of law, this is not always the case when police officers arrest an individual for a presumed crime. If probable cause does not exist and an arrest warrant has not been issued, then a police officer may not arrest an individual. However, some officers in North Carolina believe that their arresting powers are unlimited, arresting certain defendants without the necessary probable cause. When a false arrest occurs, defendants may be able to use this not only as a defense options but also as a way to recover damages.

What is considered a civil rights violation during an arrest?

Being arrested is not an easy event to live through. It is especially difficult if you believe that you were wrongfully arrested based on your race. False arrests or false imprisonment can be a very emotional matter, generating animosity between society and law enforcement. While law enforcement officers are hired to protect and obey our laws, this does not always occur. And when an individual is arrested simply because of his or her race, this is likely a civil rights matter.

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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Brannen & Walker Attorneys at law

141 Union Street S
Concord, NC 28025

Phone: 704-594-4128
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