Whether you have always been an upstanding citizen with a clean record, or you are someone who has had some run-ins with the law, you are entitled to certain basic rights when you are arrested.
False arrest often is applied to people who work as private security guards of retail establishments, or their owners or employees, who detain someone without actually seeing the commission of the crime. If they think they are making a “citizen’s arrest,” they should be certain that a crime really was committed. They also should involve the police in the incident as soon as possible.
False arrest is a tort or civil wrong. The phrase is sometimes used to mean false imprisonment, but it is actually just one type of false imprisonment.
Reasons to Claim False Arrest
Some conditions for claiming false arrest are:
- Being arrested without probable cause: To have probable cause means to have a reasonable, fact-based belief that the person arrested has committed a crime. The arresting officer must know enough facts that would lead a reasonable person to believe that the claim or charge is true.
- Being arrested based solely on an officer’s suspicion that a crime has been committed.
- Being the wrong person arrested.
- Being arrested on the basis of another person’s false information. This is a tort of malicious prosecution.
- Being arrested without being served a proper warrant.
- Being arrested based on racial profiling.
These are only some of the reasons a person may claim he or she has been arrested falsely. The consequences for the person who has committed the crime of false arrest can include being charged with false imprisonment. A lawsuit may even charge that a person who is falsely arrested has been subjected to embarrassment and mental distress.
Damages may be won for someone who proves false arrest. These could include compensation for loss of income, physical injuries, damage to reputation, reasonable and necessary expenses incurred, such as lawyers’ fees, and deprivation of rights caused by the loss of liberty. Humiliations, fright, and shame are also considered to be damages that can be financially compensated.
Contact a Civil Rights Lawyer in the Miami Area
If you believe that you or someone you love was falsely arrested, contact the civil rights lawyers of Baron & Herskowitz for experienced and qualified legal representation. We are experienced in this area of the law and will help you seek compensation for any damages incurred. Call 1-305-670-0101 to schedule a consultation today.