Being the target of an unlawful arrest could be traumatic, humiliating, and divisive. A wrongful arrest can result in significant harm to a person’s reputation and, as a result, physical and mental damage.
But, why would a police officer make a wrongful arrest? And how can a wrongful arrest lawyer help you out?
Table of Contents (click to jump to a specific section) What Is A Wrongful Arrest? What Should A Fair Arrest Look Like? Can I Resist and Arrest If I Feel That Is Wrongful? Can A Wrongful Arrest Appear On My Records? What Can A Victim Of Wrongful Arrest Do? How Can I File A Lawsuit If I Have Been a Victim of Wrongful Arrest? Kirakosian Law And Wrongful Arrest
What Is A Wrongful Arrest?
Police may only make an arrest if there’s a legal justification for it. It should only be used as a last resort, and it must be the correct course of action in such circumstances. When law enforcement officials make an arrest, they must adhere to a set of regulations. You can sue the police if they do not comply with strict provisions.
Police officers must have reasonable cause to believe that they were involved in a crime, are engaged in the process of committing a crime, or are preparing to commit a crime before an arrest may be made. You can be arrested anywhere, including at your home, place of business, or on the street.
When a person is arrested and convicted by police without valid legal authority, he or she is considered to have been detained unlawfully. Wrongful arrests are most common when a retail worker or company owner holds a customer against their will because they believe the person has committed a crime in their shop, such as stealing.
The retailer calls the cops, and the police arrest the suspect without any evidence other than the retail proprietor’s or employee’s word. You might have a viable claim if you or someone you know was unjustly arrested.
Wrongful arrest is defined as:
- Arrest of the wrong person
- Arrest made without probable cause to believe that a crime has been committed.
- Arrest without the mention of the suspect’s Miranda Rights
- Arrest without just cause
- Arrest with an arrest warrant that was obtained with false information given to the court by a police officer
- Arrest by incompetence
- Arrest for personal gain
- Arrest based on race
- Arrest based on pure malice
The majority of individuals who are the subject of an unlawful arrest file a lawsuit against the arresting officer, the police department, and the municipality for damages including mental anguish and humiliation. The majority of these circumstances become apparent only after the arrest is made and when litigation ensues.
What Should A Fair Arrest Look Like?
If you are detained by the police, they must:
- Inform you they are the police
- Explain that you are being arrested.
- Tell you what crime you’re being charged with.
- Explain why you must be arrested.
- Explain that you are being detained and cannot depart.
If you try to flee or become violent, police may only use “reasonable force” during an arrest. Reasonable force might be defined as pinning you down, using approved holds, or in some cases using a baton or taser. The police’s equipment, ranging from batons to tear gas to taser guns to firearms, will all be considered when a determination is made about whether the force was reasonable and lawful.
If the police break any of these laws, your arrest might be declared illegal and you may be eligible for compensation. Even if you are not charged with a crime as a result of an unlawful arrest, you may still seek compensation.
Can I Resist and Arrest If I Feel That Is Wrongful?
Any person who is detained by a police officer and believes it to be unjust may fight the arrest. The individual being illegally detained can inform the officer of his or her situation. After making the assertion, the officer must demand that the individual show evidence disproving his or her arrest.
If the evidence proves that the arrest was wrong, the officer may no longer lawfully arrest the individual. If no evidence is found, the detainee must comply with police officers before he or she may be detained. The resistance to arrest cannot be violent or dangerous to the police officer in any way.
When an arrest is made, there will be no evidence to present and the claim may be filed again in the presence of a lawyer. Because of the concern that the suspect might flee, not all courts will allow the claimant to demonstrate their case.