Wrongful, false or unlawful arrests are one of the most common forms of law enforcement misconduct and is considered another form of police abuse.
An warrantless arrest is generally unreasonable and thus unlawful if the arresting officer did not have probable cause to believe that individual arrested had or was committing a crime. This occurs more frequently than one may think.
“Probable cause” exists when, under all of the circumstances known to the police officer or deputy sheriff at the time, an objectively reasonable officer would conclude there is a fair probability that the person has committed or was committing a crime.
Unfortunately too many police officers and deputy sheriffs either haven't been properly trained or don't follow their departmental policies when responding to calls. This includes the law relating to arrests. As a result too many individuals have and continue to be wrongfully arrested, a violation of their Fourth Amendment protections under the Constitution.
The effects of a false arrest can have a devastating impact on your life in a number of ways:
- Loss of freedom: Even for a short period a false arrest unlawfully deprives you of your freedom.
- Disrupts employment: A false arrest can disrupt and negatively affect your job.
- Disrupt family responsibilities: A false arrest will most likely disrupt familial duties and responsibilities.
- Emotional/Mental distress: The emotional impact of an arrest, especially a false arrest, can be extremely embarrassing and frightening.
- Damage to your reputation: A false arrest can needlessly damage your reputation.
Time is of the essence as there are statutes of limitations applicable to all civil claims against governmental entities such as Cities and their Police Departments, Counties and their Sheriffs' Departments and their employees. If a Governmental Claim and/or lawsuit is not timely filed, you will forever lose your ability to seek justice in a court of law.
When relating the events surrounding your injury to us please include where possible the identity and contact information of all potential witnesses, and whether there is video footage and photographs taken during the incident. It is important that you consult as soon as possible with an attorney who understands this complex area of the law, who can review issues of liability with you, and make recommendations on the best course of action you can follow.
Contact us online with a description of your case. You can also call us at 951-554-8115 to speak with one of our wrongful arrest attorneys/lawyers in Riverside, San Bernardino, or Orange County. We can help you!