False Arrest
Author: Paul W. Ralph
Category: Legal
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There is a high possibility that an innocent person may be arrested or imprisoned whenever there is private security is involved. While there are laws allowing private persons to make "citizen's arrests" in California, there are also restrictions, specifically regarding authority and limitations. A security officer, private law enforcement employee, or loss prevention agent has less authority to arrest or imprison someone than a police officer has. A victim of unlawful imprisonment and arrest has the right to be compensated for damages, which could be in the form of physical harm or emotional upset.
Many large retailers or commercial property owners hire security guards to prevent theft and maintain an orderly business. For property owners, these guards are usually employed to patrol the establishment. Their main purpose is to make sure that particular rules are followed, and it is not often that they will have to arrest potential criminals. However, when an arrest is made, the guard is taking a risk that he may violate that person's right to be free from an unlawful imprisonment or arrest. For instance, if a guard wrongfully detains someone whom he mistakenly thought was breaking into a car, that person may receive compensation for unnecessary arrest. The worst thing that can happen is that the guard uses his weapon and hurts someone who he mistakenly thought was breaking the law. If this happens, both the guard and his employer may find themselves responsible for serious harm and have to pay damages.
Of all the types of private law enforcement professionals, retail security and loss prevention staff likely have the most contact with those suspected of breaking the law. It is fairly common for a shoplift agent to pursue a criminal prosecution after apprehending a suspected shoplifter. If the agent is not reasonably sure that the suspected shoplifter actually stole something from a store, the victim has a right to be compensated for the physical and emotional harm caused. Legally the agent may be immune from liability if there was "probable cause" to believe the person apprehended stole or was attempting to steal store merchandise. "Merchant's privilege", as it is called, provides some protection for the retailer in the event of a lawsuit, but it has its conditions.
Retailers and property owners can be held responsible for prosecution of a criminal case if the accused person is found to be innocent. Plus, they are found responsible for the false arrest and imprisonment. At times a guard or agent, perhaps inexperienced or overzealous, may wrongly apprehend and arrest a person and, compounding his error, may insist on criminal prosecution.
Should a trial result in an acquittal, the falsely accused has a right to be compensated for the initial detention and arrest, as well as the criminal prosecution. However, in these cases it must be revealed that the guard or agent lacked probable cause before such liability will be imposed. Due to a lack of training and education, it is not uncommon for private law enforcement personnel to make a few gigantic errors.
Each case of false arrest or imprisonment is unique and the prospective damages are limitless. You should be able to get a fair and acceptable result if you have an experienced trial attorney that can wade through the facts of the case.
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Keywords: false imprisonment attorney in Orange County, Orange County false arrest lawyer, vehicle accident attorney Orange County
View Count: 70
Date Submitted: 6/6/2008
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