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Arrest Without Probable Cause In Florida

Q: What does non-probable cause mean?

The listing of no probable cause means that whatever action was performed, be it arrest, search, seizure etc there was no cause prior to its occurrence and as such anything seized, seen or persons arrested as a result are not generally admissible in court and anything that stemmed from it cannot be used.

Category:

Civil Actions - False Imprisonment

State:

Multi-State

Control #:

US-000280

Format:

Instant download

Description

The 'Arrest Without Probable Cause in Florida' form is designed for individuals seeking legal recourse following an unlawful arrest. This form allows a plaintiff to file a complaint against a defendant who has falsely accused them, resulting in wrongful arrest, emotional distress, and reputational harm. Key features include sections to detail the plaintiff's information, the nature of the charges, incidents of false arrest, and claims for punitive damages. It emphasizes the need for clear documentation of events, including any affidavits and court outcomes, to support the case. Attorneys, paralegals, and legal assistants will find this form particularly useful as it provides a structured approach to seek justice for clients wrongfully accused. Filling in this form requires attention to detail, ensuring all facts are accurate and clearly presented. Legal professionals should guide clients in collecting necessary evidence to substantiate their claims, ultimately supporting a strong basis for the lawsuit against the wrongful defendant.

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FAQ

The burden of proof for establishing probable cause does not demand absolute certainty or conclusive evidence of criminal activity. Rather, it requires a reasonable basis or suspicion backed by factual evidence that would lead a prudent person to believe that a crime has been, is being, or will be committed.

Establishing Probable Cause for Arrests For example, if an officer observes someone engaging in suspicious behavior, such as repeatedly entering and exiting a building late at night in an area known for burglaries, this might contribute to establishing probable cause.

Probable cause is not defined in Florida, but is generally understood to mean that the evidence is more likely than not that the person committed the crime. The evidence can come in the form of an affidavit, complaint or deposition of a law enforcement officer.

The listing of “no probable cause” means that whatever action was performed, be it arrest, search, seizure etc… there was no cause prior to its occurrence and as such anything seized, seen or persons arrested as a result are not generally admissible in court and anything that stemmed from it cannot be used.

Probable cause is generally understood to be a reasonable basis for a prudent person's belief that a crime has been committed (in the case of an arrest) or that evidence of a crime is present in a given place (in the case of a search).

The presentation of any of these facts would allow an officer to perform a search and make an arrest. Be aware that minor traffic violations (e.g. speeding, broken tail-light, or expired registration) are not considered probable cause.

One instance where a lack of Probable Cause may arise is in prosecutions for Driving Under the Influence pursuant to California Vehicle Code Section 23152(a) VC and California Vehicle Code Section 23152(b) VC. Law enforcement is always on heightened alert for impaired drivers, especially at certain times and locations.