What is Unlawful Arrest and How Common is it?

What is Unlawful Arrest and How Common is it?

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An unlawful arrest or arbitrary arrest is the term used for an arrest carried out in breach of the national law where the arrest took place. An arrest in the first place is lawful if it can be justified by law and if it is carried out in the proper manner.

The concept of unlawful arrest or arbitrary arrest is broader and it does not only include unlawful arrests but also arrests that violate human rights standards. It means that an arbitrary arrest may not be considered unlawful by courts in your country.

In Broomfield, Colorado, police officers on the scene must have a reason to believe that the person they are arresting is guilty of the crime or simply they cannot arrest anyone they choose. They must have “probable cause” for making the arrest. A probable cause is a basis that police must have in order to make an arrest, perform a search of a person or property, or obtain a warrant.

How Do Unlawful Arrests Occur?

Oftentimes, unlawful arrests occur during high-volume arrest situations like drug stings, random roadblocks, political protests, and sweeps for illegal immigrants where people commonly are arrested at a single scene. Errors in arrest warrants, errors in suspect description and address, misidentification, officer bias, and malice are also causes of unlawful arrests. Worse, unlawful arrests occur when a person is arrested merely for being at the crime scene. If you are helping a friend who just got arrested, you may ask for help from a Broomfield bondsman.

Arrest Without Due Process

There are procedural safeguards even if there are grounds for an arrest that the police have to follow. These are the common procedural safeguards that must be respected before, during, and after an arrest has been made:

  1. Informing the person being arrested at the time of the arrest about the reasons for their arrest.
  2. Informing the person of all the charges made against them
  3. Ensuring them that it is brought promptly before a judicial authority
  4. A record of the arrest should be made and communicated to the arrested person
  5. Ensuring that all information is provided is in a language that the person arrested can understand.
  6. Ensuring that the person arrested gets access to a legal representative even to a Broomfield bondsman.
  7. Informing a family member or friend of the arrest who can process bail bonds in Broomfield Colorado on their behalf.

Right to Liberty and Other Rights

Commonly, an arrest inevitably results in the deprivation of someone’s liberty or freedom. The right to liberty is not absolute so not every deprivation of liberty means there’s a violation of the right to liberty. Whether the right to liberty has been violated depends on the circumstances of the case and broadly speaking, an arrest may violate the right to liberty. An arrested person also has access to the right to life, right to privacy, right to a fair trial, and freedom of expression and assembly.

If you are looking for trusted bail bonds in Broomfield Colorado, Lucero’s Bail Bonds is open 24 hours and will help you along the process. Call us now at 303-573-5555.

By | 2021-10-28T10:42:39-06:00 October 29th, 2021|Bail Bond, Bail Bonds, News|0 Comments

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