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/or businesses:
“With steady eye on the real issue, let us reinaugurate the good old “central ideas” of the Republic. We can do it. The human heart is with us—God is with us. We shall again be able not to declare, that “all States as States, are equal,” nor yet that “all citizens as citizens are equal,” but to renew the broader, better declaration, including both these and much more, that “all men are created equal.””
—Abraham Lincoln (1809–1865)
“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)