Falsely Arrested - Legal Definition?

[Amanda E]

Sounds like you've been dealing with some less than helpful police officers. If you can, try to keep as calm as possible. My understanding is that they were within their powers to arrest you, so it wasn't a false arrest. The harder thing for them will be to prove the 3 charges, so I think defending against those charges would be the key focus now. You might find this Qld Courts and Tribunals 'Defendants' page useful as you prepare to appear as a defendant.

 

[Peter smith]

Amanda, not sure I understand your logic there. So far I have only seen the court brief for public nuicance. Until I see the original reason for arrest I will defer. Have you heard something that I haven't?

 

[Peter smith]

Thank you too Rod, I'll try and get back to you after all 165 points!?

 

[Tim W]

Sorry I am getting ahead of myself. Yet st I'll the police are stepping over the legal threshold and have arrested me before establishing any wrongdoing.

They are not required to "establish any wrongdoing" - especially not to the person being arrested.
As a general rule, police can arrest you on the (reasonable) suspicion of having committed an offence, (sometimes) to prevent you from doing so, and separately, to deal with (or prevent) a breach of the peace.

That said, being mouthy with them in the moment does not help.
No matter how angry or resentful or frustrated or incredulous you are.

 

[Rod]

Was Peter given an unlawful direction to turn around as he was not yet arrested?

What rights do police have to make you jump and down, turn around, do the hokey pokey before placing you under arrest?

I might be naive here but Peter had voluntarily invited police in (mistake 2), voluntarily stepped outside off his property (mistake 3), then questioned why he was being asked to place his hands behind his back before he was arrested. Mistake 4 - making a nuisance after being arrested. PS Mistake 1 - giving son the phone.

One thing I have observed is NEVER ever resist arrest. Stay calm and quiet, rationally ask for the police for their names and station. Do not mention false arrest, do remember what happened and what was said when. Leave custody when told you are free to go, then go after them for false arrest. Police need to be reminded that not everyone is a criminal and that we (subjects of her Majesty) do have rights and they can get into trouble for abusing our rights.

I'm not sure if you need to raise your own claim for false arrest before the charges against you are heard, or do it concurrently, or do it later. Get good legal advice!

 

[Peter smith]

I'm interested in knowing the outcome.

Sounds like you have a good case for false arrest but you'll need the relevant law that defines false arrest and I do not know what that is.

Google is your friend. Check out this link, makes interesting reading:
https://www.google.com.au/url?sa=t&rct=j&q=&esrc=s&source=web&cd=3&cad=rja&uact=8&ved=0CC4QFjAC&url=http://www.legalaid.nsw.gov.au/__data/assets/word_doc/0014/14081/Actions-Against-Police-For-False-Imprisonment.doc&ei=zDuhU5SEHIXkkAWn34HIDQ&usg=AFQjCNGmmMVmXt2o3nptcXzMDE6SjIKwFA&bvm=bv.69137298,d.dGI

Thanks very much for the above link Rod, I found it very useful and has helped to remove some mental fog at the daunting prospect of bringing a police officer to account. Also helped me to realise that my case has close similarities to those mentioned above. Haven't been able to find a site like that one pertaining specifically to Qld law though.

thanks for the support

 

[Rod]

What was the outcome of this matter?

 

[Adam1user]

I read most of the comments here, and I am really surprised that the police will go to this level. There have been common sense from the police, don't they know what young kids do and think (younger than 14 years let's say), even the father has explained what happened to the operator.

I am actually shocked to see that this reached this stage! Think of the resources, time and the cost that went into and wasted, for what (I am going with the father is not abusive - if the father is abusive, then the police have every right).

I am too interested in knowing the outcome.

Good luck to the father.