Citizens and Businesses
Most cases of false arrest involve accusations of shoplifting, and are brought against security guards and retail stores. A guard cannot arrest someone merely on the suspicion that person is going to commit a theft. In most jurisdictions, there must be some proof that a criminal act has actually been committed. For example, a guard does not have reasonable and probable cause if a shopper has not yet paid for merchandise they are carrying in the belief that the person intends to leave without making payment. Instead, there must be an actual act committed – the person must make an actual attempt to leave the store without paying for the merchandise.
Note though that some states have enacted "merchandise concealment" laws as a way around this limitation. Under these laws it is a criminal offense to merely conceal merchandise that has not been paid for, giving stores grounds to make an arrest even if the person has made no attempt to leave the store with the merchandise.
Read more about this topic: False Arrest
Famous quotes containing the words citizens and, citizens and/or businesses:
“Without free, self-respecting, and autonomous citizens there can be no free and independent nations. Without internal peace, that is, peace among citizens and between the citizens and the state, there can be no guarantee of external peace.”
—Václav Havel (b. 1936)
“What a country calls its vital economic interests are not the things which enable its citizens to live, but the things which enable it to make war. Petrol is more likely than wheat to be a cause of international conflict.”
—Simone Weil (1909–1943)
“One of the first businesses of a sensible man is to know when he is beaten, and to leave off fighting at once.”
—Samuel Butler (1835–1902)