Police Misconduct and False Arrest: Legal Considerations

An arrest occurs when a person with legal authority restricts another person’s freedom of movement, typically leading to criminal charges. Most arrests are valid. But what should you do if you are the victim of a false arrest? 

This article explains how you can use a civil lawsuit to get justice after a false arrest. However, the outcome of any legal case depends on many factors. After reading this article, contact a local police misconduct lawyer. 

What Is an Arrest?

Arrests are when authorities take you into their custody or control, removing your ability to move freely. Law enforcement officers such as police, parole, or probation officers have the power to make arrests. However, police officers cannot randomly arrest people. The Fourth Amendment requires probable cause for all arrests. Probable cause exists if the specific facts would lead a reasonable person to believe that a crime was committed or attempted. 

What Is a False Arrest?

A false arrest is an arrest made without legal justification. An arrest that lacks probable cause meets this standard. An officer might lack probable cause because: 

• The officer was dishonest: Sometimes, officers plant evidence, fabricate facts, or lie on warrant applications. If these lies influenced the finding of probable cause, the arrest is invalid. 
• The information was not reliable:Untrustworthy information cannot be used to support probable cause. Officer Gray’s warrant application relies on the suspect’s confession. However, the suspect only confessed because Officer Gray tortured him. A confession obtained by torture is unreliable, so it cannot be used to support probable cause. 
• The officer didn’t provide specific facts: The Fourth Amendment says that warrants must describe people and places as specifically as possible. A warrant for “John Doe” that doesn’t include a clear description of the suspect likely doesn’t meet this standard. 

Courts recognize that officers can make honest mistakes. Suppose that Officer Green has a warrant for “John L. Jones.” He arrests someone named John L. Jones, but it is the wrong person.

Most courts do not consider the above example to be a false arrest. Similarly, private citizens sometimes give law enforcement officials lousy information. Unless the officer knows that the person gave them a false statement or recklessly ignores the possibility that they could have, there is no false arrest. 

What Claims Can I Bring in a Civil Lawsuit for Wrongful Arrest?

Here are some of the most common claims included in false arrest cases: 

Claims Under Federal Law 

• Section 1983 Claims: Section 1983 of the federal civil rights code allows citizens to sue police officers and law enforcement agencies for misconduct. Section 1983 applies when someone acting under the color of law deprives you of constitutional rights or rights guaranteed by federal law. Because illegal arrests violate Fourth Amendment rights, Section 1983 claims are common in false arrest cases. Unreasonable searches are an example of Section 1983 claims.
• Discrimination Claims:Federal laws such as the Civil Rights Act of 1964 prohibit discrimination based on characteristics such as race, sex, and religion. If you believe that your false arrest happened because you belong to a group protected by federal law, you should add this claim to your lawsuit. 

Claims Under State Law 

An officer’s conduct may violate both federal and state law. Most state personal injury laws permit claims for false imprisonment and other torts after a false arrest. 

Defenses To False Arrest Claims

Generally, police raise two defenses to false arrest claims. The first is probable cause. An arrest is not unlawful if the officer had probable cause (or reasonably believed that they did) at the time of the arrest. 

Another common defense in false arrest cases is qualified immunity. Qualified immunity lets law enforcement officials argue that there was no violation because the courts did not clearly establish the right you accused them of violating. Qualified immunity makes it more challenging to win civil rights lawsuits, but it is not impossible. Your attorney can tell you whether qualified immunity or other defenses might apply in your case.

What Evidence Might be Helpful in My False Arrest Claim? 

The success of your case depends not only on the law but on the facts. While your lawyer will conduct their own investigation, you may have items that could be helpful. These may include: 

• Photos or videos of the arrest 
• Police reports 
• Pictures of any injuries 
• Your medical records

What Kind of Damages Can I Get in My False Arrest Case? 

Generally, cases involving civil rights violations offer two categories of monetary relief: compensatory damages and punitive damages. 

Compensatory damages reimburse you for your losses due to the false arrest. These might include economic costs like medical bills or lost wages. You may also receive compensation for non-economic losses such as pain and suffering. 

If the police officer in your case behaved in an especially appalling manner, you may be eligible for punitive damages. Punitive damages are designed to punish the officer for bad behavior. These damages may also persuade other officers to think twice before falsely arresting someone. 

How Can a Lawyer Help With My Unlawful Arrest Claim?

A false arrest is a serious civil rights violation. A lawyer can help with your false arrest claim in several ways. A lawyer can: 

• Investigate your case
• Look into the record of the arresting officer and the police department 
• Obtain evidence owned by the police department, such as bodycam footage
• Craft a solid legal strategy

If you’ve been falsely arrested and want more legal advice before taking your next steps, LawInfo can help. Use LawInfo’s legal directory to find a police misconduct lawyer near you.