Norwich, CT asked in Criminal Law for Rhode Island

Q: Can a officer place me under arrest because my friend is recording them?

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2 Lawyer Answers
Thomas Briody
Thomas Briody
Answered
  • Criminal Law Lawyer
  • Providence, RI
  • Licensed in Rhode Island

A: An officer can place you under arrest if he/she/they has probable cause to believe that you committed a crime, or if there is a warrant for your arrest. Whether that arrest is legally supportable depends on the specific facts of the case. What you have described does not sound like a basis for arresting you; but it sounds like there is more to the story. If you have been charged with a crime, you need to talk to a lawyer in private. You won't get a good answer on an internet Q and A forum. I hope my answer is helpful. Good luck to you.

Neville Bedford agrees with this answer

Neville Bedford
Neville Bedford
Answered
  • PROVIDENCE, RI
  • Licensed in Rhode Island

A: Just recording them ? Probably not. BUT, even if they do arrest them, they do not have any right to resist. SO, a judge would have to decide if the arrest was "good" or not. The Police will need to be very careful because they MAY be civilly liable for an illegal arrest, if that is what the judge decides it was. If either f you have been arrested, follow the advice of Attorney Briody and make an appointment with an attorney to discuss your case in private, without waiving any other rights you may have.

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