An arrest is usually deemed wrongful when a person is stopped, detained and wrongfully convicted by police without proper legal authority to do so. Wrongful arrests most commonly occur when a retail employee or retail owner holds a customer against their will because they have probable cause that the customer committed a crime in their store such as shoplifting. Or the retailer calls the police and has the police arrest the suspect without any evidence, just on the word of the retail owner or employee. If this has happened to you or to someone you know that has been wrongfully or falsely arrested, you may have a potential case because your rights may have been violated.
Wrongful arrest also includes:
- False Arrest
- False Imprisoned
- Arrest of the wrong person without probable cause
- Arrest of a person without probable cause that that person committed a crime
- Arrest without the mention of the suspect’s Miranda Rights
- Arrest without just cause
- Arrest with an arrest warrant that was obtained with false information given to the court by a police officer
- Arrest by incompetence
- Arrest for personal gain
- Arrest based on race
- Arrest based on pure malice
Most people that are involved in a wrongful arrest case usually file a lawsuit against the arresting officer, the police department, and the township for damages that include mental distress and embarrassment. The majority of these cases are usually discovered after the fact of the arrest and when the case reaches court.
Am I allowed to resist arrest if I feel it is wrongful?
Anyone that is being arrested by a police officer who feels it is wrongful can resist arrest with impunity. The person being wrongfully arrested can tell the officer that it is wrongful, and he or she has no grounds to arrest me. Once that statement is made, the officer on duty and at the scene has to demand that the person present evidence that the arrest is wrongful. If evidence presented proves that the arrest is wrongful then the officer cannot lawfully arrest the person any longer. If no evidence is presented, then the person being arrested must cooperate with police entirely. The resistance of arrest cannot be violent or harmful to the officer in anyway.
Once the arrest has finally been made, because there was no evidence presented, then the claim can be made again in the presence of a lawyer. Keep in mind though, not all courts will allow the suspect to prove their claim because of the fear that the person will flee the area.
American's rights are preserved and protected from trespass and wrongful arrest under the United States of America Constitution?
Citizens of the United States are protected from wrongful arrest by the Fourth and Fourteenth Amendments to the Constitution. The Fourth Amendment states that “No Warrants shall issue, but upon probable cause, supported by Oath or affirmation.” The Fourteenth Amendment states that “No person shall be deprived of life, liberty, or property without due process of law.”
Some Federal and State Officials are starting to correct their policies and the criminal actions being committed by law enforcement officers around the UNITED STATES. The New Justice Reform Act appears to be a change for better justice as well, but history shows only time will tell if the New Justice Reform Act was helpful.
WRONGFUL ARREST, FALSE ARREST, FALSE IMPRISONMENT, UNLAWFUL IMPRISONMENT
If a person is wrongfully arrested and their rights have been violated and trespassed on, they can sue for a variety of different damages and wages lost during their period of incarceration:
- Lost wages
- Damage to reputation
- Embarrassment
- Physical harm incurred during or as a result of the wrongful arrest
- Illness incurred during or as a result of the wrongful arrest
- Wrongful death
- Punitive damages
- False imprisonment
- Excessive force
- Malicious prosecution
- Wrongful conviction
Be aware; if a person experienced a wrongfully arrest, have been unlawfully detained, false imprisoned, unlawfully imprisoned and decides to plead guilty to any of the charges brought against them in a court of law and it is then found that they were wrongfully arrested, or unlawfully imprisoned by a false arrest, it is a could chance that person will have their lawsuit legally thrown out and will not be able to sue for any of the items mentioned above because of certain thing they may have agreed to in their trial or plea bargain. Especially if he or she agreed to plead guilty, and they did not complain or were not held under some type of threat, duress and coercion.
If a person did experience a false arrest or unlawful imprisonment, they have an option to file a Writ of Mandamus, if the officers of the court did not stick to their oath and abrogated your rights in the court process or trial. You can then petition the higher court to make the lower court follow established law.
HABEAS CORPUS ("Release the Body," "Release the Prisoner") from False Arrest and False Imprisonment!
You may file a Writ of Habeas Corpus to demand for the custodian (jail, correctional facility prison, and/or any other institution public or private) to bring the prisoner to court and show good cause why they have them and how they are not held under false arrest, false imprisonment, unlawful imprisonment or being unlawfully detained. Many people cannot afford to help their loved ones get out of unlawful arrest or false imprisonment situations. Attorneys usually charge upward of $20,000 for a Writ of Habeas Corpus and this does not include any investigation expense the law firm will charge you. You will find out more information by joining the Copper Membership, where we offer diligently researched special information, documents and forms for a Habeas Corpus, Writ of Mandamus, etc., for a cost most favorable to our members. We innerstand people want to get their loved ones back home and it should cost the farm to do it, if they experienced a false arrest and false imprisonment/unlawful imprisonment behind the unlawful arrest.
Wrongful Arrests/False Arrest, False Imprisonment or Unlawful Imprisonment, happens quite regularly in the United States Justice System and are tough to avoid if the person being arrested does not have the proper evidence and knowledge to prove to the arresting officer that did the arrest, arrested you falsely and the action being made is incorrect and without justifiable, probable cause.
Department of Justice Office of Public Affairs
FOR IMMEDIATE RELEASE Monday, June 18, 2018
Police Officer Convicted of Wrongful Arrest!
Officer illegally arrested citizen after the citizen attempted to file complaints against him
“Police officers across the country have an important duty to protect and safeguard the rights of members of their communities,” said Acting Assistant Attorney General John Gore. “Dukes did not use that authority within the boundaries of the law when he violated the 4th Amendment rights of an individual, and his actions will not be tolerated.”
“The men and women of Kentucky law enforcement represent the very best of our Commonwealth,” stated U.S. Attorney Russell Coleman. “But when they treat the rule of law as optional as did Mr. Dukes, they will be held responsible like any other citizen.”
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