2006-10-15 09:17:17 · 15 answers · asked by curious 1 in Politics & Government ➔ Law & Ethics
Yes. If an illegal arrest is made the case will be dismissed.
2006-10-15 10:31:24 · answer #1 · answered by malcy 6 · 0⤊ 0⤋
Yes it could, in Canada if the arrest is illegal and the constitutional rights of the person are violated, the entire case could be thrown out or the evidence gathered as a result of the arrest and subsequent search could be ruled inadmissible. The person arrested could also sue the police department if the arrest is trully illegal.
I assume that in the USA the laws would be similar.
2006-10-15 16:21:21 · answer #2 · answered by joeanonymous 6 · 0⤊ 0⤋
you will have to explain more details, why is it an illegal arrest.
They only have to have Probable Cause that is justifialbe in court. If the DA beleiveed it was enough to go to court for, I would be more concerned on the other evidence not the method used to arrest you.
2006-10-15 20:13:27 · answer #3 · answered by Anonymous · 0⤊ 0⤋
Of course it can. The case can be thrown out of court or dismissed because of improper arrest. However, it also depends on the specifics of the arrest and how it was done.
2006-10-15 16:56:23 · answer #4 · answered by Anonymous · 0⤊ 0⤋
Yes, definitely, but probably only if the illegal arrest was the source o f the evidence that they have against you.
2006-10-15 16:19:49 · answer #5 · answered by Jason 6 · 0⤊ 0⤋
Yes. In the US, any evidence obtained as a result of the illegal arrest would be inadmissable.
2006-10-15 16:31:08 · answer #6 · answered by Anonymous · 0⤊ 0⤋
If in the United States yes it could!
2006-10-15 16:19:17 · answer #7 · answered by jjnsao 5 · 0⤊ 0⤋
Absolutely! If here in the United States!
2006-10-15 16:19:17 · answer #8 · answered by californian 2 · 0⤊ 0⤋
Yes it should result in all searchs or charges being thrown out of court
2006-10-15 16:19:17 · answer #9 · answered by roamin70 4 · 0⤊ 0⤋
Yes.
There are procedures that have to be folowed because a person is concidered innocent until proven guilty.
2006-10-15 16:20:27 · answer #10 · answered by shane2_1998 2 · 0⤊ 0⤋