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What is False Arrest?
Pennsylvania law defines a false arrest as either of the following:
- An arrest made by law enforcement without probable cause; or
- An arrest made by a person without privilege to do so (someone who does not work in law enforcement).
Furthermore, false imprisonment occurs when a person who has been falsely arrested is put in detention, Brockington v. City of Phila., 354 F. Supp. 2d 563, 572 n.10 (E.D. Pa. 2005).
To fully understand what false arrest is, you must also have a strong comprehension regarding probable cause. Probable cause is reasonable grounds for making an arrest. Going off of a “hunch” or “gut feeling” is not probable cause, and is often the basis for a stop and frisk or search and seizure traffic stop when the suspect has not visibly broken any laws. Such gut feelings (which are typically racially based) that law enforcement officers have about citizens who are merely going about their normal business often end in false arrests. But not all defendants are able to prove that their arrest was unwarranted.
Unlawful Search and Seizure
Evidence found during an illegal search and seizure is inadmissible in court, meaning that it cannot be used against the defendant. Police need one of the following in order to make a lawful search and seizure of items that are not in plain sight:
- The property owner’s consent to such a search;
- A search warrant;
- To make a lawful arrest before doing the search and seizure; or
- An emergency during which evidence might be lost.
Call a Philadelphia Attorney For Help Today
If you have been the victim of a false arrest, police conducted an illegal search and seizure of your property, or a law enforcement officer planted evidence on you or your property, you need an experienced criminal defense attorney who will employ an aggressive strategy to help you beat the charges set against you. Call the Philadelphia criminal defense lawyers of van der Veen, Hartshorn & Levin for help with your case.
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