Mets False Arrest

Although one may question why anyone was at a Mets game in the first place, all joking aside, a father and son team was arrested, likely for disorderly conduct, and their case was dismissed. They subsequently filed suit in the SDNY for false arrest against Mets and NYC. The article can be found here. This raises a good question as to whether they were allowed to be booted in the first place. All event tickets are technically revocable licenses, and those in possession of them, are licensees. As such, they can be revoked at any time and you can be booted. Obviously it would be bad for business if owners went around randomly revoking tickets, so they set up policies for when you can and can't be booted from an event. Not sitting in your assigned seat may be one of those valid reasons and therefore, Mets would likely not be liable for booting him, and subsequently, for his arrest. Regardless, the issue when it comes to false arrest lies almost exclusively on probable cause. Even if a case is dismissed (in which approximately 20% of all cases are dismissed) does not per se mean the officer had no probable cause to arrest. It simple means the ADA did not want to pursue the matter (for a number of reasons).

In this case, it would seem on its face that there was in fact probable cause to arrest - the subsequent dismissal of which was a collateral benefit, not an indictment on the constituonailty of the arrest in the first place.


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