Legal Options For Those Who Have Been Wrongfully Arrested
An arrest that wrongfully restricts an individual's freedom is known as a false arrest, and it can be made by both law enforcement and private individuals. In a civil rights lawsuit, police officers and private citizens can be held accountable for making a false arrest, and monetary compensation can be sought.
If an individual is unlawfully arrested by law enforcement, they have the option of filing a complaint with the police department. Additionally, if they are charged with a crime, they can request the court to exclude any evidence obtained as a result of the false arrest.
What Is Considered An Arrest?
To make an arrest, three things are required:
A deliberate restriction of an individual’s freedom of movement
The arrest forces an individual to go or stay somewhere for a considerable period of time
Lack of consent to the deprivation.
Most often, police officers conduct arrests, but private citizens such as security guards can also carry out arrests (known as citizen's arrest) in some cases.
Using force is not essential to initiate an arrest, as arrests can be enforced using any means that compels movement, such as threats, duress, fraud, or deceit. If the arrest involves physical restraint or confinement, it does not have to be complete restraint, as the individual does not need to be locked in a room with no possibility of escape. Furthermore, individuals do not even have to be aware of their confinement at the time of its occurrence.
What Is Considered A False Arrest?
Restraining someone without legal justification, otherwise referred to as a false or wrongful arrest, is similar to an unlawful detention or false arrest. In the case of false arrest, the person making the arrest did not have the legal authority to do so.
Law enforcement officers are required to have probable cause or a warrant to make a lawful arrest. However, an arrest that was initially lawful can become unlawful as it progresses. The term false arrest is sometimes used interchangeably with false imprisonment, as false arrest is a type of false imprisonment. False arrests can occur with or without police brutality.
Can A Person Be Falsely Arrested If They Have A Warrant?
Police officers can make an unlawful arrest even if they have a warrant. A warrant can be invalid in various situations, such as when it fails to properly identify the person being arrested, or it does not state the alleged crime. In some cases, police officers may have lied to obtain the warrant. However, false statements are essential to establishing probable cause to render the warrant invalid. If probable cause can still be established without false statements, the warrant may still be valid. Therefore, not all invalid warrants result in wrongful arrests.
An officer may defend themselves against a false arrest claim by demonstrating they acted in faith. A good faith defense can be established by showing:
That the warrant appeared to be valid
That the officer believed the warrant to be valid
That the officer has a reasonable belief that the warrant was for the person being arrested
What Is The Definition Of Unlawful And Warrantless Arrests?
Law enforcement officers have the authority to make an arrest without a warrant, but only if there is probable cause to support the arrest. If an officer made an arrest without sufficient probable cause, the arrest is unlawful. If an individual was arrested without a warrant, it is the officer's responsibility to prove that there was probable cause.
To demonstrate probable cause, police officers can show that:
The officer's belief must be based on the information they had at the time of the arrest.
What Can I Do If I Was Wrongfully Arrested?
If you have been falsely arrested, there are several legal options available to you:
Filing A Complaint - Those who have been wrongfully arrested can file a complaint against the arresting officer with the police department. This can lead to repercussions for the officer, ranging from suspension to termination or even criminal charges.
Motion To Suppress Evidence - Those who have been wrongfully arrested can file a motion to suppress any evidence obtained from an unlawful arrest. This can be done in your criminal case, and any evidence found due to the arrest may be excluded.
File A Wrongful Arrest Lawsuit - Those who have been wrongfully arrested may be wondering, “can I sue for wrongful arrest?”. They can, in fact, file a false arrest lawsuit against the officer and the police department for civil rights violations. This can be filed in state or federal court, but officers may be protected by qualified immunity.
Filing A Lawsuit Requesting An Injunction - If successful, a false arrest lawsuit can demand an injunction or court order to require the police department to retrain officers, change policies, or even fire the offending officer. Monetary damages can also be demanded to compensate for false imprisonment, medical bills, lost wages, pain and suffering, and the violation of your civil rights. However, it can be challenging to recover punitive damages due to the qualified immunity defense that shields government officials, including police officers, from lawsuits related to on-duty conduct.
It's essential to consult with a wrongful arrest attorney near you to navigate these legal options.
Contact A Wrongful Arrest Attorney Near You
An experienced wrongful arrest attorney can be a powerful ally for those who have been falsely arrested, helping them seek justice and hold those responsible accountable for their actions. By assisting with filing a complaint against the arresting officer, the lawyer can help initiate disciplinary action or even criminal charges in some cases. In addition, a legal professional can help navigate the legal process and gather evidence to support a lawsuit against the officer and police department for civil rights violations and unlawful arrests. A skilled lawyer can work to obtain compensation for damages such as lost wages, medical bills, and emotional distress. For victims of false arrest, seeking the guidance of a knowledgeable attorney is critical in obtaining the justice they deserve.
