Legal Question in Criminal Law in Massachusetts
Police policies
What would be an accurate definition of ''probable cause''?
If someone can clearly show they were arrested without probable cause, can those police officers be charged with false arrest. What would be the statute of limitations for filing false arrest charges?
1 Answer from Attorneys
Re: Police policies
Probable cause is defined as a reasonable belief that a person has committed a crime. The test is whether facts and circumstances within the officer's knowledge are sufficient to warrant a prudent person to believe a suspect has committed, is committing, or is about to commit a crime.
As for Statute of Limitations, false arrest is an intentional tort, which makes the Massachusetts statute of limitations 3 years.
As each situtation is different and I hardly know any facts, feel free to contact my office for a free consultation.
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