Recent incidents of police brutality have erupted across the country, creating high-profile cases, massive protests, and riots. After Michael Brown’s death at the hands of Ferguson, MO police in August 2014, the media has since then captured every moment of police misconduct, from a fatal shooting to an arrest.

While many police follow procedure before taking someone into custody, however, very often situations give way to misconduct, leading police officers’ misconduct and false arrest.

If this happens to you in New York, Olivier E. Roche, Esq. can defend you. As a former prosecutor in the district attorney’s office, I have a unique ability to handle such matters.

What Constitutes a False Arrest?

A false arrest is committed when a police officer violates an individual’s Fourth Amendment right against unreasonable seizure. Most of the time, people would think that false arrests refer to imprisonment not supported by evidence. This is true to some degree.

But to claim police misconduct, law enforcement must act without authority or beyond the scope of their duties under the color of law.

What Makes Arrests Lawful?

Law enforcement has to meet one of the following standards to determine that a police officer has made a lawful arrest, and has not violated your constitutional rights:

  • If you interfere with an ongoing investigation
  • If an officer believes that you are a suspected felon trying to flee from a crime scene
  • If you have an outstanding warrant
  • If there is a probable cause to indicate your involvement in a criminal offense

A police officer can also make an arrest without a warrant, if a felony or misdemeanor is committed in his presence.

The key element to proving a false arrest claim is to establish that the police officer had no, or lacked, probable cause to take you into custody.

A 2010 report from the National Police Misconduct Statistics and Reporting Project states that of the 4,861 unique reports of law enforcement misconduct, 6.8% were false arrests. While that’s a small percentage, a false arrest, especially for a major crime, can still make headlines. And it can tarnish your reputation.

If this happens, immediately consult with a knowledgeable criminal defense lawyer. Pick up the phone and call Oliver E. Roche, Esq. today.

I offer a 15-minute consultation free of charge.