There are only a few many things in this world that can make you live your nightmare, and being falsely arrested is one of them.
Especially when you know that you have done nothing and you are intimidated by the inconsiderable force that the officers used on you. When any officer from law and order accuses us of something, it is almost impossible for us not to panic.
We automatically think that that person has some right over us. Plus, having a warrant solidifies the matter, and we aren’t even able to protest.
There is this whole thing about, ‘Anything you say can and will be used against you in the court.’ All these legal procedures can intimidate anyone, but you have some rights in this situation as well.
In this excerpt below, we will be talking about everything which you need to do if and when you are ever in this situation.
What Is The Meaning Of A Wrongful Arrest?
A wrongful arrest is when an individual is arrested without any probable cause, and on top of that, with the element of force, then under the Federal anti-discrimination law, 42 USC 1983, you have every right to sue the officer.
Plus, you can even refuse an unreasonable search according to the last amendment of the law. An arrest is the deprivation of the right to movement. However, police officers are trained to do it without force.
If any unnecessary force was made during the arrest, you have every right to sue. Here are some of the ways in which a police inspector can arrest an individual.
A forceful arrest is when someone is arrested not just with physical force but lack of information. Yes, they are not given a concrete reason for their arrest, and there is no proper warrant as well. If you find yourself in such a situation, contact a criminal attorney from future first criminal law today.
However, now the question arises, can an arrest be deemed forceful when there is a warrant?
Is An Arrest Forceful When There Is A Warrant?
A forceful warrant is unlawful. So, if you have concrete proof to give to your attorney that the shown warrant was not valid, then you will have every right to sue. Now, how will you know that the warrant is invalid?
You were not allowed to have a look at the warrant even though you had insisted.
It doesn’t have adequate identification to arrest the person accused of the crime.
It does not have the reason for arrest noted properly.
You state a crime that the police lied to the judge about.
You have to get a criminal attorney as soon as possible and give them all that you have seen and dealt with because your attorney has to build an ironclad case to fight against the police officer denying all the claims.
Yes, a police officer is allowed to make warrantless arrests, but in situations like this, they have to show probable cause. If they fail to do so, it will be deemed as a false arrest in front of the law.
Most importantly, they cannot put force upon you.
Here are some of the rights which you should be aware of when an officer comes to arrest you.
- You have a right to remain silent and not answer any of their unofficial interrogations.
- Just because they have an arrest warrant doesn’t give them the right to conduct unlawful searches on you or your house. You have every right to refuse it.
- Once you are inside the prison cell because of a wrongful arrest, you must not forget your rights.
- They shouldn’t begin with the interrogation before reading you your Miranda Rights. In this case, you have every right to call for a lawyer.
- No amount of threat or attempt of intimidation should force you to confess to anything. You have every right not to answer any of their questions.
- You can sue the police inspector in charge of the arrest for wrong handling the case.