Holding Law Enforcement Responsible For A False Arrest
If you've been arrested and certain rules were not followed, you may be entitled to money damages. Law enforcement enjoys a certain immunity from legal actions but they may be the subject of a lawsuit for some types of wrongs. Read on to find out more about filing a personal injury lawsuit against law enforcement for false arrests.
How Arrests Usually Happen
Law enforcement has to have their facts straight and have reasonable cause before they conduct an arrest. There are two main ways that citizens are arrested:
- After an investigation, an arrest warrant is issued and the subject is taken into custody. Judges must issue the arrest warrant and a law enforcement officer (often a detective) presents the judge with an affidavit that lists the compelling reasons why a subject should be arrested (reasonable cause). In emergency situations, a quick warrant may be issued over the phone.
- After observing a subject commit a crime, the subject is taken into custody. These types of arrests often follow traffic stops or while the officers are out on patrol.
Forming a Case for False Arrest
If you wish to seek money damages against a police department or a particular officer, you must present convincing evidence of a false arrest. As with many legal concepts, there is a list of elements, or rules, that have to be satisfied before a case may be proven. All of the below elements must be true before your case results in a monetary judgment against law enforcement for a false arrest.
- The arrest was lawful – The rules about probable cause can be vague and that makes this element a challenge to prove. Law enforcement must be able to show that the entire encounter was legal in all aspects. For example, they cannot stop a vehicle due to curiosity – there has to be a good reason. Illegal stops = illegal arrests. However, the law doesn't expect law enforcement to get it right every time. If your arrest was a mistake, then that does not necessarily mean false arrest. As long as law enforcement presents compelling reasoning for making the arrest, it might be legal.
- You were either found innocent of the charges or released with no charges filed.
- You suffered harm of some type – to your reputation, your employment, your personal relationships, financially, etc.
- Law enforcement intentionally arrested you and you were aware you were being arrested.
- You did not consent – While resisting arrest is something no one should ever consider, that doesn't mean you have to silently go along with the arrest. You may not have a personal injury case if later evidence shows that you never raised a single objection to being arrested for something you did not do.
Speak to a personal injury lawyer for more information.