If you think you have been wrongfully arrested or detained, then you may be able to bring what is commonly referred to as a claim for false arrest. A false arrest claims is a civil rights claim seeking the recovery of damages suffered as a result of a violation of your constitutional rights. Under the Fourth Amendment of the United States Constitution, you have right to be from unreasonable searches and seizures. In the context of false arrest, this means that you have the right to be free from arrest without probable cause.
What is Probable Cause?
Probable cause exists where the circumstances within the law enforcement officer’s knowledge, of which he had reasonably trustworthy information, are sufficient in themselves to warrant a man of reasonable caution to believe that an offense has been or is being committed.
What are my damages?
In a claim for false arrest, you may be entitled to recover compensatory damages, including bodily injuries or physical suffering resulting from the false arrest; illness caused by the false arrest; physical inconvenience and discomfort suffered as a result of the conditions of confinement; loss of time, and losses sustained in business or employment; expenses incurred; mental suffering endured because of embarrassment, humiliation, deprivation of liberty, disgrace and injury to your feelings, as well as injuries to your reputation.
If you believe you have been falsely arrested, then it is important to consult with an attorney regarding your rights. The law surrounding false arrest and probable cause is complex and ever changing. In order to ensure that your constitutional rights are protected, I recommend consulting with an attorney familiar with these types of claims. Do not be concerned about the cost of an attorney. Under Federal law, in the event you are successful, you are entitled to recover your reasonable attorneys’ fees and costs incurred pursuing your rights. It is common for attorneys to handle false arrest claims on a contingency fee basis at no cost to you.
If you would like a free consultation, then please contact my office at (954)509-3826 or fill out the consultation form and my office will contact you.