We are all held accountable under the law, and that includes those who are supposed to uphold the law. Legally, neither the police, nor any other law enforcement agency, may hold a person without probable cause. If a person or agency takes someone into custody without a reasonable belief the person has committed a crime, it violates the legal rights of the arrestee.
If you have been subjected to false arrest, you need a law firm that has experience in handling police misconduct cases to help you get the justice you deserve.
Under the law, certain conditions must be met in order for a law enforcement office to make an arrest. These conditions include:
- An arrest warrant being issued by the court, as is the case in most criminal investigations.
- An officer’s reasonable belief that a person has committed a criminal act, which must be based in evidence.
- An officer’s belief that a person is attempting to flee the scene of a felony crime.
An officer may not arrest a suspect based upon:
- A non-evidence-based belief that the individual has committed a crime.
- A belief the individual is about to commit a crime.
Non-Police False Arrest
The public may automatically think the term “false arrest” applies only to police officers, but no one has a right to hold you without probable cause. This includes security officers at venues and store employees.
Non-government security employees are upheld to the same standards as officers of the law when it comes to detention, so if you been detained without reasonable evidence you have committed a crime on the premises of a privately-owned company, this too is considered false arrest.
Experienced New York False Arrest Lawyer Ameer Benno
Attorney Ameer Benno believes that anyone who has had his or her rights violated by someone in the legal system deserves justice. His firm Benno & Associates, specializes in the protection of individuals’ civil rights and in the representation of those who have had their civil rights violated.
Based out of lower Manhattan, Mr. Benno has been serving clients statewide in cases of false arrest in NY. A member of the Civil Rights and Liberties Section of the New York County Lawyers Association, Mr. Benno also serves in the National Police Accountability Project and the New York City Policing Roundtable.
Challenging injustice and advancing the public good is the top priority of Mr. Benno and his firm.