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:
“The two great points of difference between a democracy and a republic are: first, the delegation of the government, in the latter, to a small number of citizens elected by the rest; secondly, the greater number of citizens and greater sphere of country over which the latter may be extended.”
—James Madison (1751–1836)
“[M]y conception of liberty does not permit an individual citizen or a group of citizens to commit acts of depredation against nature in such a way as to harm their neighbors and especially to harm the future generations of Americans. If many years ago we had had the necessary knowledge, and especially the necessary willingness on the part of the Federal Government, we would have saved a sum, a sum of money which has cost the taxpayers of America two billion dollars.”
—Franklin D. Roosevelt (1882–1945)
“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)