‍If you’ve ever been wrongfully accused of a crime and arrested, it can be a terrifying experience. A false arrest is a violation of your civil rights and can result in legal action against the person or agency responsible.

What is a False Arrest?

A false arrest is defined as an illegal detention of a person by a law enforcement officer or a private individual. It occurs when a person is unlawfully detained against their will, usually because they are suspected of committing a crime. A false arrest can also occur if a person is held in custody for an unreasonable amount of time or if they are arrested without probable cause.

Probable Cause

In order for a law enforcement officer to make an arrest, they must have probable cause. Probable cause is a reasonable belief that a person has committed a crime. This belief must be based on facts and not just suspicion. If a law enforcement officer does not have probable cause, then the arrest is considered a false arrest.

Unlawful Detention

Unlawful detention is any detention that is not authorized by law. This includes detaining someone without probable cause or for an unreasonable amount of time. It’s important to note that a person can be unlawfully detained even if they are not arrested or charged with a crime.

Legal Definitions of False Arrest

False arrest is a violation of an individual’s Fourth Amendment right against unreasonable search and seizure. The legal definition of a false arrest depends on the jurisdiction and the specific facts of the case. Generally speaking, a false arrest occurs when a law enforcement officer or a private citizen detains a person without legal authority.

Federal Law

Under federal law, a false arrest is a violation of a person’s Fourth Amendment rights. The Fourth Amendment protects individuals from unreasonable search and seizure. In order for a law enforcement officer to make an arrest, they must have probable cause. Probable cause is defined as the reasonable belief that a person has committed a crime. This belief must be based on facts and not just suspicion. If a law enforcement officer does not have probable cause, then the arrest is considered a false arrest.

State Law

Generally speaking, a false arrest occurs when a law enforcement officer or a private citizen detains a person without legal authority. It’s important to note that a person can be unlawfully detained even if they are not arrested or charged with a crime.

Common Law

At common law, a false arrest is defined as an unlawful detention of a person by a law enforcement officer or a private individual. It occurs when a person is unlawfully detained against their will, usually because they are suspected of committing a crime. A false arrest can also occur if a person is held in custody for an unreasonable amount of time or if they are arrested without probable cause.

Your Rights in a False Arrest

If you’ve been wrongfully arrested, you may be entitled to compensation for the violation of your civil rights. There are a few important rights you should know about if you’ve been the victim of a false arrest.

Right to be Free from Unreasonable Search and Seizure

The Fourth Amendment of the United States Constitution protects individuals from unreasonable search and seizure. This means that law enforcement officers must have probable cause before they can make an arrest. This belief must be based on facts and not just suspicion.

Right to be Free from Unlawful Detention

The Fourteenth Amendment of the United States Constitution protects individuals from unlawful detention. This means that a law enforcement officer or private citizen cannot detain a person without legal authority. It’s important to note that a person can be unlawfully detained even if they are not arrested or charged with a crime.

Right to be Compensated for Damages

If you’ve been the victim of a false arrest, you may be entitled to compensation for the violation of your civil rights. This compensation can include monetary damages for physical pain and suffering, emotional distress, and lost wages. You may also be eligible for punitive damages if the person or agency responsible for the false arrest acted with willful misconduct.

Steps to Take After a False Arrest

If you’ve been wrongfully arrested, it’s important to take certain steps to protect your rights. Here are a few steps to take after a false arrest:

Document the Incident

It’s important to document the incident as soon as possible. This includes writing down the details of the incident, collecting any evidence, and taking photographs of any injuries or property damage. It’s also important to document any conversations with the police or other law enforcement officers.

Contact Us

If you’ve been wrongfully arrested, it’s important to contact us as soon as possible. Our experienced attorneys can help you understand your rights and protect your interests. They can also help you file a false arrest lawsuit and pursue damages for the violation of your civil rights.

File a Complaint

You should also file a complaint with the appropriate law enforcement agency. This includes filing a complaint with the police department, sheriff’s office, or state attorney general. It’s important to include all of the details of the incident in the complaint, including the date, time, and any witnesses.

File a False Arrest Lawsuit

If you’ve been wrongfully arrested, you may be entitled to compensation for the violation of your civil rights. You may be eligible to file a false arrest lawsuit against the person or agency responsible for the false arrest. We can help you understand your rights and pursue damages for the violation of your civil rights.

Types of Damages in a False Arrest Lawsuit

If you’ve been the victim of a false arrest, you may be entitled to compensation for the violation of your civil rights. The types of damages available in a false arrest lawsuit depend on the specific facts of the case. Generally speaking, damages can include monetary damages for physical pain and suffering, emotional distress, and lost wages. You may also be eligible for punitive damages if the person or agency responsible for the false arrest acted with willful misconduct.

Conclusion

A false arrest is a violation of your civil rights and can result in legal action against the person or agency responsible. It’s important to understand what a false arrest is, your rights in a false arrest, the steps to take after a false arrest, and the types of damages in a false arrest lawsuit. If you’ve been wrongfully arrested, it’s important to contact an experienced lawyer as soon as possible. An experienced attorney can help you understand your rights and protect your interests. Contact Ballenger & Roche for a free consultation.