Can a detective arrest without evidence?

Asked over 5 years ago - Richmond, VA

My brother and his spouse broke up. She was very upset becasue he moved out. She called the police and accused him of taking expensive jewlery from her. We never knew her having any expensive jewlery. She made it up to pay him back for leaving her. Can the detectives just arrest and charge him without any evidence? He heard that she did this and called her and ask why did she call the police? She hung up on him. Obviously, he doesn't know what is going on. The detective came to my parents house and said that if they don't find him they will put out an warrent and arrest him. Can they do that? They have no proof he took anything. His wife always has friends in and out the house including men that is why my brother left her. I think she is also trying to collect insurance on items she doesn't have. She claimed she even had a watch worth $10,000.00. What are my brothers rights? If he is innocent can they arrest and put a warrent out based on her accusations?

Attorney answers (2)

  1. Corey Ira Cohen

    Pro

    Contributor Level 15

    1

    Lawyer agrees

    Answered . Yes the police can put out a warrant or arrest someone based on a sworn statement from victim. His only remedy is to fight the case and go to trial. If it is shown that she filed a false police report then he can have her charged with that crime.

  2. Okorie Okorocha

    Contributor Level 19

    1

    Lawyer agrees

    Answered . The detective does not need to be able to prove that someone is guilty to arrest. Accusations are enough. He needs a lawyer ASAP.

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