According to the U.S. Constitution, everyone living in this nation is entitled to a fair trial. This implies that at any point in the proceedings, a person’s rights can’t be violated even if they have committed a crime. Regrettably, despite the existence of this safeguard, police officers may choose to violate it and act unlawfully, particularly while making an arrest.
The number of wrongfully arrested individuals has risen, increasing the number of wrongful arrest lawsuits for compensation of the damages. Apply for a High Rise Financial lawsuit loan today if you were the victim of a wrongful arrest of any type.
Arresting someone wrongfully means detaining someone without lawful justification and violating their constitutional rights. Police officers do not have the legal authority to arrest someone on the spur of the moment. They should have:
- A reasonable cause or
- A warrant to make a legitimate arrest
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The Most Common Types of Wrongful Arrests
Wrongful arrest cases might differ depending on the circumstance. The following are the most common types of wrongful arrest cases:
Arresting Wrong Person
When a law enforcement officer makes the wrong arrest, it may be a case of wrongful arrest or a sincere mistake. In some cases, police could confuse an innocent person with another individual who has the same name. Police officers may mistakenly detain the wrong person. To be termed wrongful arrest, police officers must have acted beyond their authority.
This exact situation happened to a woman in Denver, Colorado. She had the same name as the other person the police were looking for. The police arrested the wrong person even though she had no prior criminal history and had no connection to any crimes or wrongdoing. In this instance, the jury charged the policeman with simply not conducting enough investigation to make sure they arrested the right woman.
Arresting Someone without Just Cause
Law enforcement officers make arrests without a legitimate reason, which is against the constitutional rights of the victim. The law enforcement officer must provide sufficient justification for the arrest for it to be justified.
According to a report from Kentucky, a person was detained after making complaints about a local sergeant. The police officer arrested the person who made these allegations without having any justification in response. This instance shows a police officer wrongfully arresting an individual without just cause.
Arresting Someone without Reading them their Miranda Rights
Miranda rights mandate that authorities inform you of certain rights after arresting and before questioning you. An officer who will question you must inform you of the following:
- You can remain silent.
- Police can use anything you say against you in court.
- Your lawyer can be with you during interrogation.
- If you can’t afford an attorney, one will be hired for you.
The police officer must read the Miranda rights to a suspect if they intend to question them and use their responses as evidence in court if they are in custody (i.e., not free to go).
Arresting Someone with Warrant Issued by Providing False Information to the Court
There have been several cases in the past where police officers provide false information to a judge to get an arrest warrant.
In March 2020, police raided Taylor’s house in a drug case while she was sleeping. Police fired over 30 shots out of which six bullets hit Taylor and she died. A former police officer has confessed wrongdoing in the tragic death of Breonna Taylor, which occurred more than two years ago. Former Louisville officer Kelly Goodlett confessed in federal court that she had helped falsify a warrant to search Taylor’s residence without having justification for doing so. Federal charges are pending against three other involved law enforcement officers in the incident.
Arresting Someone for Personal Benefit
If police officers use their power to arrest someone for their personal benefit, they are misusing their authority. Therefore, they must provide a justifiable legal basis for the arrest.
In the Miami wrongful arrest case, a chief of police was in charge of giving the instructions to wrongfully arrest and frame two men for a number of break-ins. In this instance, the officer forced the wrongfully arrested people to agree to fake confessions. The police did this to increase the police force’s number of arrests.
Arresting Someone Based on Race
In the U.S., racial discrimination is a widespread issue. There are innumerable instances where people of a specific race are more likely than people of other races to be wrongfully arrested by law enforcement officers. According to statistics, black people are seven times more likely than white people to be wrongfully arrested.
Arrest Based on the Officer’s Malice
Arrests due to police officers’ malice are often made with the goal of harming the subject in some way. Although each case is unique, the following are some typical instances of malicious arrests:
- Arresting a person to hide the crime.
- Arresting someone to punish them that is unrelated to the reason for their arrest.
- To arrest someone for destroying their reputation and filing false criminal accusations against them.
- Arresting someone to draw attention away from the real criminal.
Receive the Financial Assistance You Require if You are the Victim of Wrongful Arrest
There is no guaranteed way to predict with any degree of certainty when your wrongful arrest lawsuit will settle; however, High Rise Financial provides an option to eligible plaintiffs who want their money sooner. A lawsuit loan, often known as pre settlement funding, helps plaintiffs with eligible lawsuits to get money immediately. To find out if your lawsuit qualifies, call us at (866) 407-6404 or get in touch with us online.