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How to tackle with false arrest?

admin • Apr 10, 2022

What is a false arrest?

A false arrest is a detention that unlawfully restrains the victim’s liberty. Both police and private citizens can be held liable for making a false arrest. Police can be sued for monetary damages by the victim in a civil rights lawsuit. When police have illegally arrested someone, the victim can also file a complaint with the police department. If charged with a crime, the victim can also ask a court to exclude whatever evidence was discovered by way of the arrest.

What are unlawful and warrantless arrests?

Police are allowed to make warrantless arrests. But these arrests must be supported by probable cause. If a police officer did not have sufficient probable cause, the arrest was unlawful. Once the victim shows that he/she was arrested without a warrant, the officer has to prove that there was probable cause.

If you are arrested, Police must always:

Inform you that they are the police.
Explain that you are under arrest.
Tell you what crime they are arresting you for.
Tell you why it is necessary to arrest you.
Explain to you that you are detained and may not leave.

“Conscious” of the confinement

It means that the person was aware of the arrest. Imagine a police officer brings an individual who is found drunk and unconscious on the street to the police station and locks the person in a cell for an hour. The officer then unlocks the door shortly before the person awakes. If the individual was never aware of the confinement, there can be no false arrest. Probable Cause and False Arrest

Probable cause exists if there are sufficient facts to believe that the person arrested has committed or was committing an offense. If this legal definition seems ambiguous, it’s because it is. The main question here is whether the facts at the time of the arrest would have led a reasonable person (typically a police officer) to believe the person had committed a crime.
It does not matter whether the officer (or store manager) personally believed the person had committed a crime. Nor does it matter whether the person was actually guilty of an offense. (Guilt is a question for criminal court, and requires proof beyond a reasonable doubt.)

What Constitutes a “False Arrest?”

Someone who intentionally and wrongfully limits or restricts another person’s personal freedoms, against the victim’s consent, commits the crime of false arrest or false imprisonment. For example, keeping someone locked in your home against that person’s will is false arrest.
Kidnapping is closely related to false arrest because both involve the unlawful detention of a victim. Kidnapping is also a more serious crime because the kidnapper intends to harm the victim, hold that person for ransom, or otherwise facilitate the commission of a felony offense. Some states also require that you move the victim from one place to another in order to commit a kidnapping.

You Need a Lawyer

If you believe you’ve been detained or arrested without a basis (or if you believe the police are acting outside their proper authority), you need to speak to a local criminal defense attorney as soon as possible. You should never make any statements or file a complaint with police or investigators until you’ve had a chance to speak to an attorney. If you believe your rights have been violated, or you need someone to represent you against criminal charges, a local attorney who has experience representing clients in local courtrooms is the only person you should talk to for legal advice.