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Describe a good defense to a lawsuit based on a claim of false arrest

User Arwed
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Final answer:

A good defense to a lawsuit based on a claim of false arrest is to argue that the arrest was made without probable cause. Another defense is that the police officer acted with qualified immunity.

Step-by-step explanation:

A good defense to a lawsuit based on a claim of false arrest is to argue that the arrest was made without probable cause. Probable cause is the legal standard that police officers must meet in order to make an arrest. It requires that the officer have reasonable grounds to believe that the person being arrested has committed a crime. If there is no probable cause for the arrest, then the arrest may be considered false and a violation of the individual's rights.

For example, in the case of Terry v. Ohio, 392 U.S. 1 (1968), the Supreme Court held that a police officer can only conduct a stop and frisk if there is reasonable suspicion that the person they are stopping has committed or is about to commit a crime. If the officer does not have reasonable suspicion, the stop and frisk would be considered a false arrest.

Another defense to a claim of false arrest is that the police officer acted with qualified immunity. Qualified immunity protects government officials, including police officers, from civil liability when they are performing their duties in a reasonable manner. In order to establish qualified immunity, the police officer must show that their actions were objectively reasonable in light of the facts and circumstances of the case.

User Micheal Vu
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