Arrest Without Warrant By Police In Miami-Dade

State:
Multi-State
County:
Miami-Dade
Control #:
US-000280
Format:
Word; 
Rich Text
Instant download

Description

The form addresses the legal complaint filed by a plaintiff against a defendant in cases of wrongful arrest without a warrant by the police in Miami-Dade. It outlines essential components such as the names of the parties involved, dates of incidents, and specific details about the false charges leading to the plaintiff's arrest. Key features include the opportunity for the plaintiff to claim compensatory and punitive damages due to emotional distress and harm to reputation. The filling and editing instructions emphasize clarity and accuracy; users should carefully complete each section, ensuring all claims are factually supported. The form is particularly useful for attorneys and paralegals, who can advocate for clients wrongfully arrested, while owners and partners may utilize it to understand legal repercussions of such incidents. Legal assistants will benefit from familiarizing themselves with the structure, as it enhances their ability to assist with the litigation process.
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  • Preview Complaint For False Arrest and Imprisonment - 4th and 14th Amendment, US Constitution - Jury Trial Demand
  • Preview Complaint For False Arrest and Imprisonment - 4th and 14th Amendment, US Constitution - Jury Trial Demand

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FAQ

In NY a suspect must be arraigned within 48 hours (72 hours on a weekend) or he must be released. At arraignment he is formally charged and most often bail conditions are set.

When making an arrest without a warrant, the officer shall inform the person to be arrested of his authority and the cause of the arrest, unless the person to be arrested is then engaged in the commission of an offense, or is pursued immediately after its commission or after an escape, or flees or forcibly resists ...

Yes, if an officer has probable cause to believe someone has committed a crime, they can arrest them without a search or arrest warrant'. Normally the consequence is that that person can be brought to and booked into a jail.

Hot pursuit: Officers can arrest and search individuals who are suspected of committing a felony. For the pursuit, officers can enter any property to search and seize evidence without warrants.

If evidence is obtained without a valid search warrant, and no exception to the warrant requirement applies, the evidence may be subject to the exclusionary rule. The exclusionary rule prevents illegally obtained evidence from being admitted in a court of law.

If there is a reasonable expectation of privacy and there is not probable cause, a search warrant is required. However, if probable cause does occur, such as a suspect runs away, a gunshot is heard from another room in a home, or even when an individual makes a sudden movement, a search becomes legal without a warrant.

Exceptions for Home Searches While warrants are generally required for home searches, there are exceptions: Exigent circumstances: If officers believe there's an emergency situation, such as someone in immediate danger or evidence being destroyed, they may enter without a warrant.

One officer calls upon another for assistance and the combined observations of the two or more officers are united to establish the probable cause for the arrest (often called the “fellow officer” rule).

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Arrest Without Warrant By Police In Miami-Dade