Essay On Unlawful Arrest

To understand unlawful arrest an individual must know that a Peace Officer (police officer) that took an oath to swear, to protect and to obey the law can only make an arrest of an individual that has probable cause to believe that he or she has committed a crime. Probable Cause foundation is based off the reasonable belief that a person has committed, is in the process of committing and is about to commit a crime. Peace Officer (police officer) cannot make nor rely upon hunches or profiling to establish probable cause to make the arrest. (Unlawful Arrests & Related Civil Claims, 2003). Probable cause is the standard by which police authorities have reason to obtain a warrant for the arrest of a suspected criminal. In most police academy police …show more content…
State of Indiana in 1893 which state, “That a person has the right to resist against unlawful arrest.” The case law read, “‘If in the course of arresting it becomes necessary for the citizen to take the life of the officer, the charge against the citizen shall not exceed manslaughter.” Plummer vs. State of Indiana has been cited in many court cases which the offender was charged with obstruction of a police officer. Even though this law has be upheld by the Supreme Court of the United State, there are still other court case such as; Runyan vs. State of Indiana which approve a person right to resist unlawful arrest. Runyan vs. State of Indiana advised if a person has the legal right to be at a place and is violently assaulted by a Peace Officer (police officer) he or she may retreat, resist by force and in the reasonable exercise of his or her right to defense their self will be justified. When a Peace Officer (police officer) makes a false arrest, which lead to false imprisonment or unlawful arrest by holding someone against their will or taking someone into custody for a crime he or she did not commit is against the laws. When a false arrest occurs the officer along with the department could be sued in a civil