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WRONGFUL ARREST

I strongly urge everyone to cooperate with the police, ... even where you are certain that an arrest is wrong.


The police do not have to be correct every time they arrest a person.  Otherwise they likely would be reluctant to arrest anybody.


The police are required to have reasonable and probable grounds before an arrest can be made.


In some cases, the police might be misinformed and therefore they may arrest the wrong person.  Physical resistance by such a person could be an offense because,  ...  even though they arrested the wrong person, so long as a police officer had the proper grounds for the arrest, the arrest itself may still be lawful.


Therefore, it is most unwise to resist an arrest.


If a mistake has been made, you should cooperate and the error can be sorted out in due course.

Jim O'Neil, LL.B.

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