M Civ JI 116.05 False Arrest - Law Enforcement Officer - Probable Cause to Arrest for Felony without Warrant

An arrest is lawful if the defendant had probable cause to make the arrest. An arrest is unlawful if the defendant did not have probable cause.

There was probable cause if you find that:

(a) the defendant was aware of information, facts or circumstances which were sufficient to lead a reasonable and prudent person to believe that the crime of [ specify felony ] [ had been committed / was in the process of being committed ] and that plaintiff was the person who [ had committed it / was in the process of committing it ], and

(b) the defendant believed that the crime of [ specify felony ] [ had been committed / was in the process of being committed ] and that plaintiff was the person who [ had committed it / was in the process of committing it ].

The elements of the crime of [ specify felony ] are [ state elements of the felony ].

An arrest made with probable cause is lawful even if *(the crime of [ specify felony ] had not actually been committed, nor was it in the process of being committed) *(or) *(the crime of [ specify felony ] had been committed or was in the process of being committed, but plaintiff was not the person who had committed it or was in the process of committing it).

Note on Use

*Include one or more of the phrases in parentheses as applicable.

Comment

See MCL 764.15. See also Hammitt v Straley, 338 Mich 587; 61 NW2d 641 (1953); People v Bressler, 223 Mich 597; 194 NW 559 (1923).

If plaintiff makes a prima facie showing of arrest without a warrant, then defendant has the burden of going forward with evidence that the arrest was lawful. Donovan v Guy, 347 Mich 457; 80 NW2d 190 (1956); MRE 301.

If defendant is a private security guard, see MCL 338.1080.

History

M Civ JI 116.05 was added September 1982.