An arrest is deemed wrongful when a person is detained and wrongfully convicted by police without proper legal authority. Wrongful arrests most commonly occur when a retail employee or retail owner holds a customer against their will because they have probable cause that the customer committed a crime in their store such as shoplifting. Or, the retailer calls the police and has the police arrest the suspect without any evidence, just on the word of the retail owner or employee. If you or someone you know has been falsely arrested, you may have a potential case.
Wrongful arrest also includes:
Most people that are involved in a wrongful arrest case usually file a lawsuit against the arresting officer, the police department, and the township for damages that include mental distress and embarrassment. The majority of these cases are usually discovered after the fact of the arrest and when the case reaches court.
Citizens of the United States are protected from wrongful arrest by the Fourth and Fourteenth Amendments to the Constitution. The Fourth Amendment states that “No Warrants shall issue, but upon probable cause, supported by Oath or affirmation.” The Fourteenth Amendment states that “No person shall be deprived of life, liberty, or property without due process of law.”