Wrongful arrest, also known as false arrest, is a common law tort in which an individual is arrested or held in police custody without probable cause. While an experienced civil rights attorney can help provide legal representation following an arrest it is important to be able to recognize the signs that you may have been arrested without just cause.
One of the first signs that you were wrongfully arrested is that the arresting officer did not notify you of your Miranda Rights—including your constitutional rights to remain silent and to hire an attorney. It is against the law for police officials to make an arrest without properly notifying the arrestee of his Miranda rights. When this does happen, some of the information gathered from the arrestee can be dismissed and considered unusable in trial.
Individuals who are detained or held in police custody for exercising their rights of speech outlined by the First Amendment are also considered wrongfully arrested. For example, if an individual is arrested for mouthing off to a police officer, he may have a legitimate case in saying that his civil rights were violated by the arrest.
Additional signs that you were wrongfully arrested include being arrested without probable cause or with an arrest warrant that was obtained with false statements given by a police official. Furthermore, you may have been falsely arrested if the police official made the arrest based on malicious, racial, or personal motives.
Whether you’ve been wrongfully arrested or otherwise violated by the police, the Law Offices of Patrick Geckle can help. We handle cases involving police misconduct, police abuse, and police brutality. For more information on our practice areas contact us at (267) 234-7708. You can also visit us online to set up a consultation with our South Jersey and Philadelphia locations.