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.
When you are the victim of a wrongful arrest, your Constitutional rights have been violated. When those rights are violated, you are entitled to file a false arrest lawsuit and seek money damages. A false arrest is humiliating. A false arrest is a traumatic experience. It can cause you extreme and permanent psychological damage.
If you have been the victim of an illegal arrest, you should seek legal advice from an Augusta false arrest attorney immediately. Our legal team of Augusta false arrest attorneys is ready to help.
A false arrest is sometimes called a “wrongful arrest” or “unlawful arrest.” These terms all mean the same thing: Someone has violated your right to be free from a false arrest by arresting you without probable cause.
Some examples of false arrest cases we commonly handle include:
- False arrests by department stores, retail shops, and shopping malls
- False arrests by security and loss prevention staff
- False arrests by police officers and sheriff deputies
- False arrests by employers
REQUIREMENTS FOR FALSE ARREST CLAIMS
There are three requirements for an act of restraint or detention to qualify as a false arrest. These are:
- Use of force or a show of authority
- Genuine belief that you are not free to leave
- Intentional restriction of movement or freedom without probable cause
False arrest cases are almost never settled unless you hire a lawyer first.
If you are falsely arrested by the police and suffer police brutality, the police department will often deny your claim. They will contend they are protected by sovereign immunity. Sovereign immunity is a judicial doctrine that prevents the government from being sued without its consent.
If you are falsely arrested by a private security guard, their insurance company will seek to delay and refuse to settle your claim. While this is happening, the insurance company knows that you may miss important deadlines and that evidence may be lost or destroyed.