Unlawful Imprisonment

By: Paul W Ralph Click author's name for more of his/her articles

Commonly, private security plays a role when someone is the victim of a false arrest or imprisonment. Any person may legally carry out a "citizen's arrest" in the state of California; however, there are limitations and restricted authorization. In comparison to a police officer, a security officer, loss prevention agent, or other private law enforcement employee has less power to detain or arrest someone. A victim can pursue compensation for being unlawfully arrested or held against their will by a private or retail security employee.

Since security is an important issue in today's world, many retailers and commercial property owners provide security guards to protect both their property and their customers. Most security personnel employed by property owners are uniformed guards who patrol the property. Ensuring that certain laws are followed (relative to parking and other activities) is their primary function, and they seldom have occasion to apprehend suspected law breakers.

Because people have the right to be free from unlawful imprisonment or arrest, when someone is arrested or detained, the guard takes a significant risk that he may be violating that person's rights. For example, if a guard believes someone on the property is breaking into a car, but it actually turns out to be the suspect’s own vehicle, the victim may have a right to compensation for the unlawful use of force in the arrest. In the worst scenario, the guard uses a weapon and inflicts bodily injures to someone he mistakenly believes committed a crime. Guards and their employers can be held legally responsible for injuries and damages that occur under such circumstances.

Retail security/loss prevention agents probably have more run-ins with potential law violators than other types of private law enforcement employees. It is pretty ordinary for an undercover store security agent to catch a suspected shoplifter and turn him over for prosecution. If the agent is mistaken about whether the suspected shoplifter actually stole something from the store, the victim has a right to be compensated for any physical or emotional damage caused. However, "probable cause" is an issue that can come into play and absolve the agent of blame if the agent had strong reason to believe the person being detained had stolen or intended to steal from the store. This rule, known as ‘merchant's privilege,’ provides some degree of protection for the retailer in the event of a lawsuit, but it is far from absolute.

On top of the charges of false arrest and imprisonment, retail and property owners may also be held liable for malicious prosecution of a criminal case if the accused is in deed found innocent. An inexperienced or overzealous security guard or agent may make a mistake in apprehending and arresting a person and may even add to the mistake by going for criminal prosecution. When the case goes in front of a judge or jury and is acquitted, the falsely accused person might be awarded compensation for the prosecution as well as the arrest. In cases such as these, before liability will be imposed, it must be proven that the agent or guard acted without probable cause. Shocking mistakes can happen since many private law enforcement workers do not have the same amount of education or training as police officers.

Every case of false arrest or imprisonment has unique circumstances and the potential for extreme harm. An experienced trial attorney can navigate you through the facts and the law to obtain a fair result.

Article Source: ABC Article Directory

About The Author: As an Orange County personal injury attorney, Paul W. Ralph has seen his fair share of false imprisonment cases. From wrongful arrest to improper detainment, Mr. Ralph knows that sometimes mistakes are made and the arresting party needs to be held responsible. That’s why, as an vehicle accident attorney Orange County, he works hard to see the victims compensated.