Police officers are agents of the state. As such, they have more authority than the average person. They are also subject to numerous restrictions on how they comport themselves while working. Police officers often have to arrest those who commit criminal offenses or have a warrant issued for their arrest by a judge.
Most of the time, arrests are lawful when police officers follow the right procedures. However, some arrests are inappropriate and possibly even illegal. One of the many ways that police officers exceed their legal authority is through conducting a false arrest.
When is the decision to take an individual into state custody a violation of their rights?
When officers don’t have probable cause
In scenarios where the courts have issued a warrant for an individual’s arrest, the right of a police officer to take an individual into state custody is very clear. In situations where police officers may identify someone as a possible suspect or choose to arrest them during an interaction in public, they need a viable justification for their decision.
Specifically, police officers need to have probable cause supporting their decision to arrest an individual without a warrant. Probable cause means having a suspicion they can articulate related to a particular criminal infraction.
Suspecting an individual of being under the influence of illegal drugs based on their behavior and speech could constitute probable cause. A gut feeling that someone looks suspicious is not probable cause. If police officers do not accuse an individual of a specific legal infraction based on current circumstances, then their choice to arrest someone might constitute a false arrest.
False arrests are a violation of an individual’s civil rights. They might lead to injury if police officers become physically aggressive. They might cause social consequences, as those who witness the arrest may jump to conclusions about the person arrested. False arrests can leave people with serious injuries or cost them their jobs in some cases.
Those negatively impacted by the misconduct of police officers may have grounds to take legal action. Reviewing a situation that may have involved a false arrest with a skilled legal team can help individuals determine if they have experienced actionable police misconduct. False arrests can lead to litigation in some cases and can even impact the outcome of criminal proceedings.