Reach Us 24/7

Call 248-886-8650 Now

ct-logo-new2
posr-img

False arrests, sometimes referred to as wrongful arrests, happen when police detain a person without a legal justification for doing so. Law enforcement officers are not the only ones who can falsely arrest others. Regular citizens are also guilty of false arrest when they detain people against their will. False arrest is a crime, and victims can sue for civil damages.

What Constitutes a Wrongful Arrest

To determine whether you’re a victim of a false arrest, it is important to know the most common situations which amount to false arrests. The following situations are generally considered to be false arrests:

  • Arrests involving detainment prior to recitation of the Miranda Rights
  • Arrests based solely on race, gender, or religious affiliation
  • Arrests made for personal gain
  • Arrests made by incompetence
  • Arrests made without cause
  • Arrests based on malicious intent

Most cases of wrongful arrest don't get discovered until after the arrest when the case gets presented in court. Once this occurs, the parties involved typically file a lawsuit against the township, police department, and the arresting officer for damages.

Can a Person Resist the Arrest If the Arrest Is Wrongful?

Yes, a person who believes that they were wrongly arrested can resist the arrest. They should tell the arresting officer that the arrest is wrong. The officer is then supposed to allow the suspect to present evidence that proves his or her innocence. If the evidence proves innocence, the officer cannot legally make the arrest. If the person does not present any evidence, failing to cooperate with the arrest may result in a resisting arrest charge.

Are Americans Protected from a Wrongful Arrest?

Yes, the Fourteenth and Fourth Amendments to the Constitution protect U.S. citizens from wrongful arrest. The Fourth Amendment states: "No Warrants shall issue, but upon probable cause, supported by Oath or Affirmation.” The Fourth Amendment guarantees due process of law.

What Damages Can Be Recovered in a Wrongful Arrest Lawsuit?

A person who is wrongfully imprisoned can sue for damages. It is important to note that if the person who is arrested pleads guilty, he or she forfeits the right to sue. The damages for which people can sue include the following:

  • Lost Wages
  • Embarrassment
  • Any damage to their reputation
  • Wrongful death
  • False imprisonment

Wrongful arrests in Michigan happen regularly. Avoiding these types of arrests is difficult when the person who is arrested cannot prove their innocence. Anyone who believes that they were falsely arrested should contact a civil rights attorney to discuss his or her legal options.

Related Posts

Can I Sue if Police Violate my Civil

Can I Sue if Police Violate my Civil...

Police officers have a duty to serve and protect public citizens. In some situations, there...

Police brutality in Michigan is a violation of

Police brutality in Michigan is a violation of...

Police brutality victims have a legal right to sue those who have violated their Civil...

Are You Allowed to Film Police in Michigan?

Are You Allowed to Film Police in Michigan?

Over recent years, cell phones have quickly transformed from simple communication devices to complex interactive...

Previous PostNext Post

Get Answers From Experienced Lawyers

We are available for free consultations in person, via Zoom or through FaceTime.

Name(Required)
Required Fields *
This field is for validation purposes and should be left unchanged.
map-white-lake

White Lake
Main 

9750 Highland Road
White Lake, MI 48386
248-886-8650White Lake
map-flint

Flint 

336 W First Street
Flint, MI 48502
810-234-5678Flint
map-kalamazoo

Kalamazoo 

251 North Rose St., Ste 200-6013
Kalamazoo, MI 49007
269-447-2200Kalamazoo
map-ann-arbor

Ann Arbor 

2723 South State St. Ste 250-15096
Ann Arbor, MI 48104
734-882-2646Ann Arbor
map-grand-rapids

Grand Rapids 

250 Monroe NW, Ste 400-706039
Grand Rapids, MI 49503
616-591-3700Grand Rapids 
map-southfield

Southfield 

2000 Town Center, Ste 1900-1237
Southfield, MI 48075
248-886-8650Southfield 
map-lansing

Lansing 

120 N Washington, Ste 300-5101
Lansing, MI 48933
517-546-2279Lansing
map-bay-city

Bay City 

401 Center Ave, Ste 25
Bay City, MI 48708

989-262-0787Bay City
linkedin facebook pinterest youtube rss twitter instagram facebook-blank rss-blank linkedin-blank pinterest youtube twitter instagram