There are federal and state laws that define a false arrest. Generally speaking, a person is a victim of false arrest when they are arrested without probable cause. If a person holds another person against their will and calls the police on them, then they can also be considered false arrest.
Examples of False Arrest
- Arresting the wrong person
- Arresting a person without proof that they committed a crime
- Arresting a person based on race
- Arresting a person for personal gain
- Arresting a person based on malice
What are the Laws That Protect You From False Arrest?
False arrest is a violation of the Fourth Amendment. This amendment protects people from unreasonable search and seizure. People who have been falsely arrested may be entitled to compensation.
Can I Resist Arrest if I am Being Wrongly Arrested?
People who are being arrested without probable cause can resist arrest. They can tell the officer that they are being wrongful arrested. An officer cannot arrest a person without the proper evidence. If a person cannot provide any evidence that they are being wrongfully arrested, then they must comply.
People cannot violently resist arrest or cause any harm to the officer. If you have been falsely arrested, then you can hire an attorney.
What Type of Compensation can I Get?
- Damage to reputation
- Lost wages
- Excessive force
- Punitive damages
- An illness that occurred as the result of a wrongful arrest
- Wrongful conviction
It is important to note that if a person who has been falsely arrested pleads guilty to any charge, then their lawsuit will be thrown out. You will not be able to get any type of compensation.
What Happens if I was Arrested by a Security Guard?
The same laws will apply if a security guard falsely arrests you.
When Should You Contact an Attorney?
You will need to contact an attorney as soon as possible. It is best to contact a civil rights attorney because they specialize in this area. You should do this as soon as possible there is a Statute of Limitations that applies. If you do not file a lawsuit within this time frame, then you will not be able to file a lawsuit at a later date.