Can You Sue for Wrongful Arrest?
If you were recently arrested and believe it was wrong, you may be able to take legal action. There are certain criteria the situation needs to meet in order to be considered a wrongful arrest.
In this article, we’re taking a closer look at the question – can you sue for wrongful arrest?
Can You Sue for Wrongful Arrest?
No one wants to be arrested – not people who have committed a crime, and certainly not the innocent who have been wrongfully accused. But the reality is that hundreds of people across America are wrongfully arrested every single day.
If this is the case for you, we want you to know that you have rights – including the right to sue if arrest or imprisonment was illegal or discriminatory. The information below will help you better understand your options.
So, can you sue for wrongful arrest?
What Exactly Is Wrongful Arrest?
In the state of California, a false arrest is categorized as a type of false imprisonment under Penal Code section 236. But you don’t necessarily need to be imprisoned in order to be wrongfully arrested. Even if you are arrested and released a few moments later, it still falls under the same area of law.
Essentially, a wrongful arrest is any arrest based on false or illegal pretenses. For example, someone can be wrongfully arrested if they are detained and/or held by another party who lacks the legal right to arrest them. Or, they can be arrested without evidence and/or on the basis of false information.
Forms of wrongful arrest may include the following:
Arresting the wrong person
If the police arrest the wrong person for any reason, this might be considered a wrongful arrest. This includes arresting someone who matches a description, yet is later proven innocent.
Arresting someone without cause
It is illegal to arrest an American citizen without probable cause (suspicion of a crime committed). Furthermore, the “evidence” must be strong or obvious enough to justify the arrest. Police cannot arrest preventatively, out of bias, or on hearsay, nor can they arrest for a problem that isn’t truly a crime (e.g., swearing at someone).
Improper arrest procedures
Police must read arrestees their Miranda Rights immediately after the arrest begins. If this doesn’t happen, the arrest is considered wrongful and the case may even be thrown out.
Fraudulent warrant
An officer who submits false information in order to convince a judge to sign a warrant is committing a felony. If an associated arrest occurs, that arrest is also considered wrongful.
The wrongful arrest also includes arresting someone incorrectly or for the wrong reason out of sheer incompetence (e.g., an officer arrests someone for the wrong crime due to a lack of knowledge).
Arrest on the basis of bias
Authorities may not arrest someone simply for their color, age, religion, or gender. This includes cases where it is believed the officer created a weak reason to arrest due to racial motivators.
Arrest inspired by hatred or dislike – Police have a responsibility to act in an impartial and fair matter, regardless of whether or not they “like” the person they arrest. An officer who actively hunts for a reason to arrest someone they don’t like or are angry with is probably engaging in wrongful arrest. This is true even when evidence of a crime exists.
Does Wrongful Arrest Grant the Right to Resist?
Yes! Although there is a common misconception that no one has the right to arrest at any time, you can, in fact, resist arrest if you have been wrongfully arrested. The best way to do this is to directly inform the officer that the arrest is wrongful and that you intend to peacefully resist for that reason.
Be cautious about how you present yourself if you intend to resist. Just because an arrest is wrongful does not mean you have the right to become aggressive, violent, or threatening toward the officer Speak slowly and directly in a moderated tone – and be sure to tell the officer “I know my rights.”
Whether or not resisting is your best choice at the time of arrest, however, is another matter. Often, it’s better to go along with the arrest and ask to speak with a lawyer immediately who can help you navigate the process more effectively.
Damages From Wrongful Arrest
When someone is falsely arrested, they can experience damages in a number of ways. Many of these are considered a form of loss in the civil court.
First, the situation is inherently stressful. Being handcuffed, hauled away, and put before a judge to plead your case is deeply humiliating and even a little bit traumatic for many individuals. This can leave the arrestee with emotional scars and PTSD-like symptoms that last for months or even years.
But this is really just the beginning. A wrongful arrest can destroy your reputation, render you unable to find employment, or even cause you to be ostracized from your community. This is especially true where the crime is especially heinous (e.g, murder or child sexual abuse) or highly publicized.
The fact of the matter is that once that seed of doubt is planted, it can be difficult or even impossible to uproot. And that’s exactly why the civil court makes it possible to sue for compensation if you experience damages from a wrongful arrest.
Conclusion
You can sue for wrongful arrest if you can prove the arrest was wrongful, either because you are innocent or because the arresting officer had no reason to be suspicious. But simply declaring your innocent won’t be enough. You must be able to show, with hard evidence, exactly why the arrest was unlawful – and that’s rarely an easy undertaking, even in the most straightforward cases.
The best way to ensure your success is to connect with a criminal defense lawyer as soon as you are reasonably able to do so. Ideally, this should happen immediately after the arrest occurs, but if it doesn’t, know that you retain the right to sue for up to two years after the incident occurs. No matter how unlikely it seems that you’ll win, a lawyer is best equipped to help you stand up for your rights.
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