New York, New Jersey and Nationwide
We trust the police and law enforcement officers to protect us and detain individuals who have committed crimes or are a danger to those around them. Sometimes people are arrested or detained without reasonable cause, which is commonly known as false arrest. False arrest can be considered a form of police brutality.
The experienced New York and New Jersey attorneys at Morelli Ratner PC believe it is important to hold law enforcement officers responsible if they are suspected of false arrest. We pursue justice for the victims of false arrest, and will hold these officers accountable for their actions.
Definition of False Arrest
In order to arrest an individual, the police must have reasonable and probable cause which may include suspicion that an individual has committed a crime or through a court issued arrest warrant. Any arrest made without reasonable or probable cause may be considered false arrest with only a few exceptions. False imprisonment and other types of police brutality may occur simultaneously with wrongful arrest.
According to the Fourth and Fourteenth Amendments to the Constitution, false arrest is prohibited and you may pursue litigation against those responsible. The most commonly litigated entities for false arrest are private security companies, which may provide officers for retail businesses or private corporations.
Avoiding False Arrest
The best way to avoid false arrest is to simply refrain from activities that may appear illegal. However, false arrest may happen to anyone at any time, even in your own home. If you are the victim of false arrest by an officer of the law, you should not try to resist arrest since the officers may see you as a threat to their safety. People have been seriously injured and killed when they resisted arrest.
Resisting wrongful or false arrest may be legal, but it is difficult to prove in court, and most courts will not concede the justification of using deadly force to resist even wrongful arrest. For this reason, it is better to comply with law enforcement officers’ instructions and allow yourself to be arrested. You can pursue justice against the responsible individuals after you have been cleared of charges and released.
If you or if your loved one has been falsely arrested or detained, please contact the experienced police brutality attorneys at Morelli Ratner PC today for a free case evaluation. We serve clients throughout New York City, Brooklyn, New York and New Jersey.