Legal Question in Civil Rights Law in Alabama

False arrest ?

My 14 year old son had been down the street at a friend house watching a football game on tv. After the game he was walking home when the police pulled up and an officer grabbed him. They didn't realize that he was only 14 because of his size, and asked him if he had been drinking. He told them no. The reason they were in the neighborhood was some other kids had been lying in the road, and jumping up when the cars got close.Anyway they handcuffed him and put him in the car and took him to juvenile detention, and charged him with a minor consomption of alcohol.The did a alcohol and drug test on him and found no alcohol and no drugs, But they still kept him locked up for 72 hours. Wouldn't this be false arrest?


Asked on 9/01/06, 6:38 am

2 Answers from Attorneys
Mari Morrison Mari Morrison

Re: False arrest ?

In juvenile court, they also work on the principle of the health and welfare of a youth at risk. Not only the alcohol would be an issue, but since it was shown not to be, there is also the acting in good faith in that the identity of the person lying in the road was still at issue. Has that been proven to not be him? If not, then they may have been acting in good faith to protect the child from his own harm if they believed he was the child in the road.

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Answered on 9/03/06, 3:59 pm
Jon Lewis Lewis, Feldman, & Lehane, LLC

Re: False arrest ?

Did they have any probably cause to arrest him? What does the report say? Have you spoken to them? I would need to know more facts. You may e-mail me at [email protected].

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Answered on 9/02/06, 5:57 pm


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