Yes, they can and that's why it's best to let the authorities handle it.If I make a citizen's arrest of someone, and he is not proven guilty, can he sue me for false arrest?
You can make a citizens arrest. It's just the consequences sometimes are not worth it. Call the police or politely ask the guy to put out his smoke. The guy could assault you and leave before police arrive, It's just not worth the risk of personal liability or injury.
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Yes they can sue you and have you charged with forceable confinement. If you used force, add assault to the list.
I suggest you let the police do that kind of thing. They know the correct proceedure.
Proven not guilty - implies that the DA charged him with a crime. If the police passed the case on to the DA, the DA tried him and he was acquitted, I would say no.
Typically, if probable cause did not exist, the cops would tag you when you tried to bring the party to booking, or called them to the scene...
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