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What would happen if a police Officer were to arrest someone under a made up criminal charges?
3 Answers
- Anonymous1 year agoFavorite Answer
Very little would happen. The Police Powers law vary by state, but basically the law authorizes sworn officers to arrest and detain people. For example, if an officer arrested you for carrying a pocket knife, he would then take you to the county jail for processing. At processing, the administration would determine there is no violation of law. You would be released without charges. The civil tort "false arrest" does not apply because the officer has legal authority to make an arrest. The officer may face disciplinary charges from his department but there is no definitive legal repercussion.
- USAFisnumber1Lv 71 year ago
There is some urban legend going around that you can resist an illegal arrest up to and including killing the cop. Not true. In most US states resisting arrest is illegal even if the charges are false. So lets say the cop accuses you of spitting on the sidewalk and goes to arrest you. You absolutely did not spit so you resist arrest. He get you under control, takes you to jail and books you for spitting on the side walk and resisting arrest. The first charge gets thrown out but they can still nail you on the resisting arrest. It is a catch 22. Your best bet is not to resist, do as you are told and after you get to jail, say nothing, demand a lawyer and talk to him. If you have anyone with you, they should video the encounter showing you did not resist.