The question is proposed a lot to us and online. Can an arrest be made without evidence? The answer to this is no. You cannot be arrested without evidence. The arresting officer must have probable cause. The quick definition of probable cause is a legal standard less than reasonable doubt. This is when the arresting officer believes he or she has developed a case that the accused is guilty of the crime.
In order to be taken in and arrested for an offense, there has to be evidence to support this at some level that would be reasonable for the law enforcement officer to think you are guilty. Keep reading to learn if an arrest be made without evidence
Probable cause and what it means
The word probable cause typically refers to the fact that law enforcement has sufficient reason to arrest someone or conduct a seize or property search. This is stated within the Fourth Amendment of the United States Constitution.
While there are different rules to consider when looking at probably cause and warrants, or probably cause to search. We will be looking at probably cause and being arrested below.
For an arrest to happen probable cause must exist. This means that probable cause has to come from circumstances and facts rather than suspicion. In terms of detention but not arresting then the probable cause is not needed. This may include:
- Pedestrian stops
- Car stops
- Detention of someone during a search warrant
To have reasonable suspicion means to lead someone to believe criminal activity may be at hand and more investigation is needed.
Now when someone is detained that could then lead to an arrest. When this happens the arresting officer may put into place the requirement for probable cause. The officer most likely knows that arresting someone without legal cause may but him and law enforcement agency into legal issues through a civil lawsuit because of false arrest.
How long can a person be held without evidence?
Keep in mind that police themselves cant bring charges against a person. The prosecutor can charge the person with a crime. With that said in most states, the prosecutor has up to 72 yours to bring charges on someone. But like we said most states have this time frame not all. California only gives 48 hours for charges to be brought down on someone or he or she must be released.
Also, know that just because that person was not charged in that time frame and was released the prosecutor still has the ability to bring a charge on that person at a later date and time.
If more evidence becomes known charges can be altered and brought down on that person. A prosecutor can also request from the judge more time for charges to be brought down if they can show the judge good cause to do so. If this time frame is exteneded the police will most likely tell you.
Can the police be sued for a false arrest?
The short answer is yes you can. However, these types of lawsuits are very hard to win. Almost all states protect law enforcement from these types of lawsuits. A more common term is called investigatorial immunity.
This is in place so that an arresting officer can side of making the safer decision and make the arrest.
However, with this said a false arrest that was made by an officer could be grounds for a civil suit for unlawful restraint which would be a violation of your civil liberties. Again this will depend on the state you live in but you could file an action either in a state or federal court. Keep in mind that this is a tough battle to win. You will have to prove to the court that you were arrested without proof. Officer, on the other hand, can show probable cause with little evidence.
Can an arrest be made without evidence in the U.S.? Typically no this doesn’t happen however there are times that it does. If you feel that you were wrongly arrested you have the right to fight the charges. Just know that it will be a hard uphill battle that you typically don’t win.
