When you are arrested, it can be a very scary time. It can be even scarier when it was a false arrest. If something like this happens, do you know What To Do After False Arrest?
What Is False Arrest?
A false arrest is when you are arrested without probable cause or without a warrant. You can be a victim of a false arrest by law enforcement, however, more often, false arrests are made by private security firms.
What Laws Protect You From False Arrest?
Under federal law, the 4th Amendment protects you from false arrest. The 4th Amendment states that you cannot be arrested unless the arresting officer has probable cause, or unless they have a warrant. It also states that you are protected from unlawful search and seizure. This means that unless an officer has a reason to enter your home and search it, they cannot do so under the law.
State laws consider false arrest to be a form of false imprisonment. In many states, however, you must have been injured due to the false imprisonment. The injury can be a physical injury, emotional injury, or financial injury. In order to be considered falsely imprisoned, someone must have taken away your ability to move about freely.
How Do I Know If I Have a False Imprisonment Case?
In order to have a false imprisonment case, you must meet three requirements.
1. Force: The person or officer who arrested you must have shown force, or authority in order to restrain you. This can be holding you down or placing you in a room which is locked.
Freedom: You must feel that you were not free to leave at any time.
Lack of probable cause: The officer or the person who took you into custody must have had no probable cause to do so. This means that there are no facts or reasons that can be proven to detain you.
How Soon Should I Contact a Lawyer?
It is best to contact a civil rights lawyer. Most states have a statute of limitations on the amount of time that you have to file suit after a false arrest.
Do you Know What To Do After False Arrest? The best thing that you can do for your case is to contact Edward Zaloba. The sooner you sit down and find out whether or not you have a case, the sooner you can file for damages.
