Being unlawfully detained by police without legal cause
False arrest is the unlawful detaining of someone by law enforcement without legal cause. The legal cause is the mistaken determination by law enforcement that there existed sufficient probable cause to believe a crime had been committed or is about to be committed.
Stop and Questioning by Law Enforcement
Notwithstanding, a stop that turns custodial the defendant has the right against questioning by asserting their fifth amendment right against self-incrimination. This type of police confrontation can often turn into resisting arrest and consequently, a false arrest.
Civil Liability For False Arrest
Being arrested without probable cause by law enforcement is rarely the basis of a civil lawsuit. This is because the civil action must prove the officer intended to commit a false arrest, that the officer did so purposely, and knowing there was no probable cause.
These subjective states are very difficult to prove.
