Being placed under arrest means that you are placed under police custody and are no longer free to leave or move around. An arrest can take place simply by having the police officer stating that you are under arrest without the need for physical restraints, such as handcuffs. While the officers do not necessarily need to put you in handcuffs in order for you to be arrested, there is such a thing as false arrest. Continue reading to learn more about false arrest and what steps you can take if it happens to you.
What Constitutes a False Arrest?
A false arrest is the unlawful containment or imprisonment of an individual when the police do not have sufficient probable cause, or a series of facts that would lead any reasonable person to assume a crime has been committed. Under the Fourth Amendment of the Constitution, a false arrest directly violates your civil rights regarding unreasonable seizures and searches and is therefore punishable by law.
What You Should Do?
One of the first steps to take when you have been the victim of false arrest or unlawful detention is to consult with a civil rights attorney. An experienced police misconduct attorney will gather the necessary evidence to support your claim, in addition to helping you file the actual civil rights violation claim. This claim can be filed at the state or federal court level and is needed in order to obtain compensation or damages. In the event that you and your attorney can prove that the police official was malicious or guilty of racial profiling, you may be entitled to punitive damages.
Don’t let a false arrest influence the rest of your life. Get the legal representation you need to fight police misconduct or police brutality by contacting the law offices of Patrick G. Geckle, LLC at (267) 234-7708. We also provide legal representation for victims of police assault and other types of police abuse.