Have you been arrested or taken into custody against your will? You might not be aware of the legalities behind it. When you didn’t do anything wrong, and you were arrested, this may be considered a false arrest.
Here’s what to know if ever you get into a situation that you feel falls under false arrest.
An arrest is only legal when there’s a clear warrant or court order. However, things get complicated because there are times when law enforcement can arrest someone even with the lack of these documents, as long as they see a probable cause for the arrest. For example, if you’re caught in the act of committing a crime, law enforcement can arrest you right then and there. For similar situations, the arrest is considered legal, even without a warrant or court order.
The element of privilege in this case then plays to determine whether there is a legal basis behind the arrest.
Another thing that should be considered is should someone report you, and it’s enough to warrant an arrest, then a police officer can take someone in custody. Still, law enforcement will ensure that the evidence brought to them based on a simple report is sufficient before making the arrest. If the report is questionable, yet law enforcement still detains you, that can count as false arrest.
Stop and Arrest
Things can get a bit hazy when it comes to a stop and arrest. During a stop, law enforcement may stop you for questioning. They do this if they find you suspicious, which is why they will ask for your identification and ask a series of questions.
This isn’t an arrest, but it can be one when law enforcement continues with more detailed questioning. An arrest is valid if they find that their suspicion turns out to be true or find evidence of another activity that warrants an arrest. However, if you’ve proved that their suspicion is merely such, and they still continue to question you and stop you for no apparent reason, that can constitute a false arrest.
False Arrests by Police
Many people think that when the police commit a false arrest, it refers to an arrest that lacks sufficient evidence. The truth is, that is not enough to measure whether the police have falsely arrested someone. For police to be found guilty of false arrest, the police should act without authority or beyond their powers.
For example, if someone insults a police officer, this isn’t a crime unless the police have other reasons to arrest. If the officer arrests someone due to an insult towards him, then this becomes illegal. It’s possible also that a prosecutor could charge the officer with false arrest, however, this is unlikely to happen.
Do you believe you or a loved one has been falsely arrested? If you do, it’s essential you seek the help of an attorney to help you out. The legalities of the case require knowledge, experience, and skills that only a lawyer can navigate effectively. With the help of a lawyer, you have a high chance of winning the case against false arrests.
For false arrests, you need attorneys you can rely on. Zukerberg & Halperin is your civil rights attorney who can help you get the justice you deserve. We serve clients in Washington DC, Maryland, and Virginia. Contact us for a consultation.