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Criminal Law/What is cosidered unlawful arrest

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Expert: - 9/28/2009


Question
My son called the police on his wife for harassment and threating to use a ppo against him. Also because said wife tried to goad my daughter into a fight . Instead of arresting her they talked to the wife and she told them that he had threatened her with a gun and they arrested him instead. He was taken into jail even though he not have a gun. Can she still lie and get him put in jail that way .

Answer
Clara,

There is no way that I can tell you why and what happened at any particular scene since I was not there.  But I can speculate on what might have happened.

Your son, for some reason, called the police for harassing him, which seems odd.  Either way it is most likely a misdemeanor.  In most states the police cannot make an arrest for a misdemeanor not occurring in their presence.  However the police can make an arrest for a felony not occurring in their presence if there is probable cause to do so.  Threatening someone with a gun is a felony in my state so I am speculating that is why an arrest was made.  

Are you saying that your son had absolutely no access to a gun, does not own a gun, and did not have a gun?

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Jack Toomey

Expertise

Please do not ask me about potential jail sentences that you, your friends, or family might receive in court. There is no way for me to know that. Only a judge could answer a question like that. I am also NOT a probation officer or parole officer so I cannot answer questions that relate to parole or probation. Also please keep in mind that every state has different laws. If you are planning to ask a question about a specific law or criminal charge that pertains to your state only it could be difficult to answer. I also cannot give you legal advice on what to do or what not to do in court. Retired police officer with 26 years experience. Worked in the patrol division as well as over 14 years in the detective bureau. Investigated a wide range of crime such as murder, rape, robbery, theft, fraud, missing persons, and other very sensitive crimes. I am available to answer your questions about criminal law and especially as it applies to police work. I taught at the police academy for several years and am especially knowledgeable about search and seizure. Any question about criminal law is welcome! Please don't ask me to do your homework or ask me questions that obviously come from your teachers or professors. I also do not do online interviews or surveys. Young people need to gain face to face interviewing skills. Local police officers usually are very agreeable to assist in these assignments.

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I am a retired police officer with 26 years experience. I investigated almost every type of crime including murder, rape, theft, missing persons, fraud, and domestic abuse. I am very knowledgeable about search and seizure and taught at the police academy for several years on a variety of subjects. I can answer questions that a lot of attorneys cannot since they do not have "street experience".

Education/Credentials
Bachelor of Science degree in Criminolgy from the University of Maryland.

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