Knowing Your Rights: What is a False Arrest?
In most jurisdictions across the country, the rules for what makes a lawful
arrest are similar. Officers must inform suspects that they are being
arrested. This can be accomplished with a visible badge or uniform. Additionally,
the officer
must inform individuals on what crime they are being arrested for, unless revealing
that information could lead to an escape or any other immediate dangers.
If an officer makes the arrest pursuant to a warrant, the person being
arrested must be shown the warrant if he or she asks to see it. A warrant
is an official document issued by an official body, such as a court, for
someone’s arrest. If the warrant is invalid, however, the person
being arrested could file a false arrest lawsuit.
What is a valid arrest warrant?
A warrant typically includes the following components:
- The name of the official body or court that issued the warrant
- The description or name of the person to be arrested pursuant to the warrant
- The reason for the arrest or offense the individual allegedly committed
The court issuing the warrant must have the authority and jurisdiction
to do so. If the arresting officer intentionally provides false information
or leaves out information to help obtain the warrant, he or she could
be violating the law. The warrant is still likely valid, however, if missing
or inaccurate information was included simply by mistake.
It is important to note that just because a person is innocent of a crime,
it does not mean the officer did not have probable cause to make an arrest.
An arrest is not a formal charge or conviction. Therefore, individuals
cannot file false arrest lawsuits because they were arrested when actually
innocent of the crime in question.
To learn more about what constitutes a false arrest in New York, contact
the skilled
police brutality lawyers at Rubenstein & Rynecki by calling
(718) 522-1020 or by
contacting us online.
