RE: Man gets arrested for offending random woman by asking "Are you a mom?"
June 22, 2017 at 11:46 pm
(This post was last modified: June 22, 2017 at 11:47 pm by Jehanne.)
(June 22, 2017 at 10:46 pm)Losty Wrote:(June 22, 2017 at 9:57 pm)Jehanne Wrote: Here's an authoritative website:
http://www.criminaldefenselawyer.com/false-arrest.cfm
And, so, basically, the cop would have to slip-up and tell someone that he arrested that guy to impress the woman or because he just did not like him. But, getting handcuffed, is getting arrested, if only temporarily. Getting charged with a crime means getting arrested, taken to jail, booked, fingerprinted, etc.
It's not a false arrest because it was done within the scope of the officer's authority. There was reasonable suspicion that the person was being a public nuisance.
"You can be briefly detained by police if they have reasonable suspicion that you committed a crime. Terry v. Ohio, 392 U.S. 1 (1968)" (us Supreme Court case)
Not merely a "suspicion" but a reasonable suspicion. If the High Court had simply said "suspicion," then there would be no such thing as a "false arrest"!
