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:
“It is not enough that France should be regarded as a country which enjoys the remains of a freedom acquired long ago. If she is still to count in the world—and if she does not intend to, she may as well perish—she must be seen by her own citizens and by all men as an ever-flowing source of liberty. There must not be a single genuine lover of freedom in the whole world who can have a valid reason for hating France.”
—Simone Weil (1909–1943)
“I am firmly opposed to the government entering into any business the major purpose of which is competition with our citizens ... for the Federal Government deliberately to go out to build up and expand ... a power and manufacturing business is to break down the initiative and enterprise of the American people; it is the destruction of equality of opportunity amongst our people, it is the negation of the ideals upon which our civilization has been based.”
—Herbert Hoover (1874–1964)
“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)