Concord Trial Attorneys

When Does A False Arrest Violate The Constitution?

Police misconduct is a divisive issue in Concord these days, especially given the high-profile nature of certain instances across the nation over the past couple years, in which some claim police used too much force when performing their jobs. What is important to keep in mind, however, is that police are limited in what they can do, per the United States Constitution.

That being said, police are provided a certain amount of immunity. A police officer will be granted immunity if he or she properly executes his or her job duties and does not engage in any actions that are both unreasonable and willful. This means that it is not always possible for a person to pursue a lawsuit against a police officer.

However, if a police officer does act willfully and unreasonably, he or she may have violated a person’s Constitutional rights. For example, a police officer may make a false arrest. A false arrest goes against a person’s right against unreasonable seizure, as granted in the Fourth Amendment of the U.S. Constitution. Police need probable cause to make a lawful arrest, although they may not need a warrant if they actually see a crime taking place in front of them. Therefore, in order to prove false arrest a person needs to show that the police did not have probable cause to make the arrest, using the standard of a reasonable person.

False arrest is a serious issue. Police overreach in this area should not be tolerated, as even having to spend a little time in jail can seriously impact a person’s life and reputation. If a person in Concord believes they have been subject to a false arrest, they may want to seek the advice of an attorney, to determine whether or not their rights have been violated and what they can do about it.