Are you a victim of a wrongful arrest?
An arrest can be described as an intentional deprivation of a victim’s freedom of movement and liberty. Arrests are often conducted by police officers but there are situations where private arrests can be done by security guards. Law enforcement officers can be held liable for making a false arrest. Victims of wrongful arrest can file a civil rights suit to sue a police officer who arrested them illegally.
It is often unnecessary for law enforcement officers to use force to initiate an arrest but sometimes force is justified. Additionally, arrests can involve anything that compelled the victim’s movement which includes force, threats, duress, fraud, or deceit. A situation can still be considered an arrest if it involves confinement or physical restraint, even if the victim is not locked in a room where there is no possibility of escape. Some victims may not even be aware of the lack of liberty at the time of the arrest. The arresting police officer has the burden of proving that any force used in making an arrest was not excessive .
How can you tell if it is a false arrest?
Police officers who arrest someone without the legal authority to do so can be sued for false arrest. Law enforcement officers must have a probable cause or a warrant to arrest someone legally. There are situations where an arrest begins lawfully but becomes unlawful as it progresses. Keep in mind that false arrests can also occur even if the law enforcement officers have a warrant. Some false arrests will also include police brutality.
When is an arrest warrant declared invalid?
An arrest warrant will be considered invalid if it doesn’t contain the name or adequately identify the person who is to be arrested. Additionally, an invalid arrest warrant will not specify the crime for which the person being arrested committed or the court that issued the arrest warrant. An arrest warrant will also be considered invalid if it is found that the police officer in question made false statements to prove that they had probable cause for making an arrest. However, there are cases where the police officers can argue that they were acting in good faith by showing that they believed the warrant was valid and was for the person who was arrested.
Can an arrest be made without a warrant?
There are situations where the police officers are allowed to make an arrest without a warrant. These warrantless arrests must always be supported by sufficient probable cause.
Probable cause is proven by showing that:
- The suspect committed the crime in the presence of the police officers
- The police officers had a reasonable cause to believe that the suspect committed the crime
What are your legal options if you are a victim of false arrest?
As a victim of false arrest one option is to pursue a complaint against the arresting police officers. Additionally, you can file a motion to suppress whatever evidence was presented from the false arrest. You can also sue the police officers and the police department by demanding an injunction or monetary damages. A complaint letter filed with the police department can result in serious repercussions for the police officers. The police officers may be suspended or retrained. It is also important that you retain competent criminal counsel . At Edson Legal – your personal injury lawyer in North York, we can assist you in selecting competent and experienced criminal counsel who will collaborate with us while we investigate the potential civil action against the police.