False Arrest?

This is a discussion on False Arrest? within the Arrests, Searches, Seizures forum, part of the CRIMINAL LAW, ARRESTS, TRAFFIC TICKETS category; Someone pushed a trespasser off their property after telling the trespasser several times to get off the property. There were ...

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Old May 6th, 2007, 07:03 AM   #1
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Default False Arrest?

Someone pushed a trespasser off their property after telling the trespasser several times to get off the property. There were witnesses. The person was not hit or kicked..Just pushed over the property line...Several times, in fact.
It IS legal to use the force necessary to remove a trespasser, yet a day later, the person was arrested, handcuffed and taken to jail, being charged with assault and battery.
Is this a case of false arrest? I think it is.
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Old May 6th, 2007, 10:21 AM   #2
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Default Re: False Arrest?

You can remove them with just enough force to do so if need be for some reason--such as they may steal or hurt someone etc--but normally you should call the police if you are not in danger.
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Old May 6th, 2007, 05:59 PM   #3
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Default Re: False Arrest?

Under normal circumstanecs, calling the police is the ideal...But they live in the county, and the sheriff's deputies never get there in under an hour. The person trespassing was interfering with legitimate business between the other person and someone else...Just enough force to remove the trespasser was used..
This is why I believe the arrest was a false arrest.
I have heard many times that if a police officer doesn't see something happen, he can't arrest anyone..whether it's seeing a trespasser trespassing, or seeing someone forcibly removing a trespasser..
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Old May 6th, 2007, 06:50 PM   #4
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Default Re: False Arrest?

they certainly dont have to see it

that is not correct, they almost never see domestic violence live and always arrest one party

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Old May 7th, 2007, 06:35 PM   #5
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Default Re: False Arrest?

That's what I was thinking...Yet that's an excuse used by some police for NOT arresting someone who NEEDS arresting....
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