Wrongful Arrest Attorney – Los Angeles
A wrongful arrest is when a police officer holds an individual against his or her will without legal justification or probable cause. These types of situations happen all the time but often are ignored, mainly because citizens often do not know their full rights. Standing up to unlawful police misconduct can be incredibly difficult in the moment but afterwards there are legal recourses you can take to stand up for your constitutional rights.
Constitutional Protections Against Wrongful Arrests
Under the 4th amendment of the U.S. Constitution, you are protected against warrantless search and seizures. This also applies to false imprisonment or being detained without a warrant or probable cause.
For information gathered by a police officer to be considered, the police officer does not need to be correct in his or her assumption and does not need to exclude the possibility of innocence, but requires a fair probability of evidence that the suspect was guilty of the crime.
This gives the officer considerable leeway in determining probable cause, but it is still possible for the officer to unlawfully fabricate evidence or knowingly flout these requirements. To successfully win a lawsuit pertaining to wrongful arrests, the plaintiff must prove that the officer’s arrest did not have the necessary information so that a reasonable person carrying out the duty would assume the plaintiff had committed the crime.
Legal Recourse for Wrongful Arrests in California
There are two ways to file lawsuits against police officers for false arrests, on a federal and state level. Under Section 1983, a citizen may sue a government official for denying the citizen his or her rights. These cases are usually filed if an officer knowingly fabricated evidence to get a warrant or make an arrest, or if an officer made a warrantless arrest without reasonable facts to justify it. The victim of a wrongful arrest is allowed to sue for damages accruing from the entire period of confinement including after arraignment if the police officer, and not the prosecutor, was to blame for the legal prosecution.
California state tort of false imprisonment is defined as the unlawful violation of a person’s civil liberty without lawful privilege. The officer and the higher ups can be held liable for the damages pertaining to the confinement. But under California state law, a plaintiff cannot sue for damages pertaining to arraignment and the legal battle afterwards. This is because police officers are immune to claims against malicious prosecution under state law.
Contact a Los Angeles Wrongful Arrest Attorney
If you were the victim of a wrongful arrest in Los Angeles, Irvine or Long Beach, do not hesitate to contact a wrongful arrest attorney. At The Sehat Law Firm, our police misconduct lawyers have the skills and knowledge to prove the wrongdoings of police officers and ensure your constitutional rights are protected. Standing up to a police department is never easy, but we are here to offer support and guidance. Contact us today for a free consultation.