Professor Gregory Gilbertson consults with attorneys nationwide on use of force, false arrest, criminal, and self defense cases. He provides attorneys with insightful analysis, comprehensive reports, informed depositions, and convincing trial testimony in civil rights and criminal cases. He is also available to consult with attorneys defending police officers accused of making a false arrest.
FALSE ARREST: A false arrest is an extremely serious matter. A false arrest can impact a person’s personal life and career forever. A false arrest can also result in injury or even death. Police supposedly master the definitions and applications of Reasonable Suspicion and Probable Cause during their academy training. Reasonable Suspicion is required to stop, detain, identify, and investigate someone for a crime. Probable Cause is required to search, seize, and arrest someone for a crime.
The simple fact is many officers never receive adequate training in the definitions and applications of Reasonable Suspicion and Probable Cause. Inadequate academy training is exacerbated by the fact many officers hold no college or university degrees in criminal justice. These factors result in many officers routinely making false arrests.
While most police officers are honorable men and women who have dedicated their lives to public service, some are not. Every law enforcement agency employs marginal officers. These officers are not above the law. If your client has been victimized by false arrest call Greg Gilbertson at 239.529.2137 or 239.571.1840. He works with attorneys nationwide to achieve positive outcomes for clients.
Reasonable Suspicion: The perception or belief, based upon direct observation of guilt-laden facts or special knowledge, that criminal activity is or may be afoot. Reasonable Suspicion is required to stop, identify, detain and investigate criminal suspects.
Probable Cause: Those sets of facts or circumstances that would lead a reasonable and prudent person to believe a crime has been committed, or is about to be committed. It is more than mere suspicion, but less than absolute certainty. Probable Cause is required to search, seize, and arrest suspects.