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Tort of False Arrest (False Imprisonment)

We emphasize that a person proximately harmed by being arrested on a facially valid warrant that transpires to lack probable cause may have several remedies, including a §1983 action based on an unlawful seizure... or an action for malicious prosecution. He just does not have a claim for false arrest.

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A Defendant's Case and Their Rights

The defendant has a fundamental right to testify or not testify. · State v. Rivera, 402 S.C. 225 (2013). While the defendant as a right to be present at trial, they do not have a right to be absent


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