The fourth amendment law gives a citizen the right to be free of search and seizure without a court-issued warrant. Without a legal warrant of a search or arrest, law enforcers cannot search a person, their vehicle, or enter the house without their permission. Doing so is a clear violation of their right and the victim of such treatment can press charges or raise a complaint with the police department.
A false arrest is similar to false imprisonment in some respects. According to false arrest attorneys, if a false arrest is committed by police authorities and the person has suffered physical harm, emotional distress, or other damages due to the false imprisonment, they can file an intentional tort personal injury claim against those responsible. The only legal difference between false arrest and false imprisonment is that an arrest may start out legal but may turn into false imprisonment due to the behavior, evidence produced, or other laws violated at the hands of police authorities.
Under legal definitions, an arrest can be termed as false when the police obtain a warrant with incorrect information, whether by negligence or deliberately, and then act on the warrant unlawfully to:
- Arrest,
- Detain,
- search the person, their home or car, etc.,
- Attempt to prosecute the person in the court of law,
Your false imprisonment attorney can contest the case and prove that the circumstances of the evidence collected presented at the time of arrest are circumstantial, incorrect or unlawfully obtained, making you eligible for compensation for the damages suffered by you.
How to handle a false arrest?
As ruled by the law, a person being arrested first must be informed that he or she is being arrested. Whether it is the law enforcers or a private citizen making the arrest, they are under the obligation to announce their standing, the cause of arrest, and administer the Miranda Rights to the suspect.
Thus, in the event that you are faced with such a circumstance, here are 3 things to do that will make your case stronger:
- Do not resist the arrest. Even if you are fully confident of your innocence, or feel that you are being framed; under no circumstances should you try to escape an arrest. It will help your case later if you follow the instructions laid out by the arresting authority and do not fight back in any verbal or physical manner.
- Your right to remain silent. When the Miranda Rights are administered, by the arresting authority, follow it by staying silent for it can and will be used against you in the court of law.
- Your right to an attorney. Once the arrest has been made and you are brought to the police station, you do not have to indulge in any interrogation without the presence of your lawyer. Even if your fourth amendment has been violated, with a false arrest, you can still demand a lawyer to be appointed to you or call your own false arrest attorney to handle your case further.
False imprisonment can be a stressful time for anyone. Hence, it’s crucial to stay calm and work to prove your innocence with an experienced false arrest and imprisonment attorney. Cohen & Fitch LLP is a team of highly reputable lawyers with multiple wins under their belts ready to represent you. So, call our offices to discuss your case at the earliest.
