Are police officers liable for false arrest?
If you have been arrested by a police officer and feel you were subjected to unreasonable search and seizure, if you were never presented a warrant or there was no probable cause, you should know that the Fourth Amendment of the Constitution guarantees your right to be free of these types of actions. This amendment also works to limit the right of a police officer to enter your home without your permission or to search you or your vehicle without authorization to do so.
Detaining you, even if it only temporarily, without a wrongful basis is considered an abuse of power.
The Authority of Law Enforcement
The law bestows law enforcement officers with tremendous power. They receive a badge, a weapon, and the legal authority to arrest anybody on the street. However, managing this power means that they also have a responsibility to respect its limits. Therefore, any police officer who fails in carrying out this responsibility should pay the consequences.
Crossing the Line
Through the years, thousands of people have been charged, arrested, and jailed based on testimony falsely provided by the police. Also, people have been falsely accused based on tampered evidence or interference with witnesses.
When a law enforcement officer does not respect the limits described in the Constitution, whoever turns out to be responsible must be held accountable. Also, their victims deserve compensation.
When a law enforcement officer does not respect the limits described in the Constitution, whoever turns out to be responsible must be held accountable. Also, their victims deserve compensation.
What should you do if you feel you are being wrongfully arrested?
In these cases, you can resist arrest and tell the arresting officer that what they are doing is wrongful. Once you say this, the police officer must demand that you present evidence to back up your claim. If it turns out that the evidence you present proves your point, you cannot lawfully be arrested.
If you don’t have any possibility of producing the evidence right there, you not only will be arrested but must cooperate fully with the police. Also, you must not behave in such a way as to cause harm to the officer.
Once you are arrested you will once again have to present your claim regarding the existence of evidence. This time, however, you will require to do so in the presence of a lawyer. You will not be allowed to present your claim on your own because of the concern by law enforcement that you will flee the area.
Have you or a loved one been falsely accused or arrested by an officer of the law?
If this is your case, you may feel that going against the authority will be impossible. You may also feel that you cannot compete against the government who undoubtedly has many more resources than you would to make the case. You may fear that the legal system will be prejudiced in their favor.
The Law Office of Ali Najmi recommends that if that is what you are thinking you need to shift gears and concentrate on getting the right legal representation to help you fight your case. Start by setting up an initial appointment with a personal injury lawyer that will help you fight back.
Your lawyer might suggest that you file a claim for damages against the arresting officer, the police department, and even the town. Your damages can include such items as embarrassment or mental distress.
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Posted - 12/28/2020
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