Law enforcement officers can only arrest someone in particular cases. They must have probable cause to believe that an individual has done a criminal act, or they must have a warrant for their arrest. Sadly, the police do not always abide by these guidelines. Arrests are frequently made in haste by law enforcement officers, and some arrests are illegal. It makes sense for someone to question their ability to resist a wrongful arrest in these circumstances.
Even if it is a wrongful arrest, there are consequences involved with resisting. As the police officer attempts to make the arrest, you could be subject to severe penalties or perhaps get injured. Knowing how to defend yourself is crucial whenever you are under wrongful arrest. If you were unable to resist wrongful arrest, you must bring a civil lawsuit and get the compensation you deserve. High Rise Financial can provide you wrongful arrest lawsuit loan while your case is still pending so you can pay your bills and live a decent life without any financial pressure.
Can You Resist a Wrongful Arrest?
Yes, there are some states where it is allowed to use reasonable force to stop or prevent a wrongful or unlawful arrest. This right has the following two main restrictions:
- The arrest must be unlawful; and
- Resisting a wrongful arrest can only be done with reasonable force.
If a suspect makes a mistake, they could be charged with a crime. A charge of obstruction or resisting an unlawful arrest may be brought against the offender. And if the victim of wrongful arrest uses more force than necessary, it could result in charges of battery and assault or other crimes.
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What Is an Unlawful or Wrongful Arrest?
The first thing to understand is that the innocence of the subject does not make their arrest unlawful. Although it may appear counterintuitive, law enforcement officers are acting in real-time with limited information. To conduct a legal arrest, a police officer just needs a reasonable cause and proof that the subject has committed a crime.
Lawful Arrest: Reasonable Suspicion and Probable Cause
When police have actual proof, not just a suspicion that a person committed a crime, they have what is known as probable cause. The police officer may have legal, reasonable cause to arrest you if a crime has been reported.
Keep in mind that you have no idea what information the police officer possesses. Therefore, just because a police officer proved to be wrong does not mean that the arrest was also wrong. And even if you were initially innocent, you have now broken the law by resisting a “legal arrest” since the police officer had probable cause to arrest you at that time.
Unlawful Arrest: Use of Excessive Force or No Probable Cause
Officers do occasionally make wrongful arrests. Arrests are unlawful if they are made without having probable cause (as can occur in cases of racial profiling) or with excessive force. However, even then, resisting wrongful arrest might be risky. Situations can rapidly deteriorate, resulting in critical injuries and even deaths. This makes the courtroom, rather than the streets, the best place to challenge the legitimacy of an arrest.
What Amount of Force Is Reasonable?
The next concern is how much force is appropriate. In general, if allowed, a person resisting a wrongful arrest may only use the minimum amount of force required to halt or stop the arrest. If the unlawful arrest is peaceful, several states do not allow the arrestee to resist.
Though it may seem easy in theory to define what amount of force is acceptable, it is far more difficult to measure in practice. For example, if a cop tries to handcuff you, it won’t be rational to use a lethal weapon against them. However, what if a fight breaks out? Is that rational? Is it reasonable to take your arms apart and start running? A jury will make a decision.
What States Permit Resisting a Wrongful Arrest?
The states that allow legal resistance to a wrongful arrest and those that do not are difficult to list. This is due to the fact that there are restrictions even in states where it is legal to resist a wrongful arrest.
These restrictions include:
- The amount of force used must be proportionate to the force used by the arresting officer, and it must be necessary and reasonable.
- A person can only resist while officers are making an attempt to arrest.
- There must be no probable cause for the arrest.
- The amount of force used should be limited to what is necessary to resist arrest.
Several states have made it illegal for anyone to resist an arrest, so they now have to agree with it even if they think that it is a wrongful arrest. Once arrested, a person has the right to challenge the wrongful arrest.
If the victim’s lawyer proves the arrest as wrongful or unlawful, the charges against the person will be dismissed. Additionally, victims of wrongful arrest can also accuse law enforcement officers of making a false arrest through a civil lawsuit.
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What to Do if You Are a Victim of Wrongful Arrest
Resisting a wrongful arrest has serious implications; thus, it is always best to remain patient and cooperate with law enforcement officers when they attempt to arrest you. Courteously inquire about the reason for the arrest. And inform the police officer that you’d like to talk with a criminal defense attorney. Remain silent and inform the officer that you won’t respond to any questions until your attorney is present.
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Call High Rise Financial at (866) 407-6404 for simple and flexible settlement loans if you were wrongfully arrested and have already filed a claim. We are happy to assist you in providing your lawsuit loans so you can cover your daily living expenses while your lawyer fights for a just settlement.