If you’re arrested for a crime you didn’t commit, you may think
you can sue the police for a wrongful arrest. The truth is that you could
have a case in which you can sue, but you need to make sure the police
have actually committed a crime.
If your situation fits the criteria for a false arrest, then you could
pursue compensation from the police by pointing this out. What kinds of
arrests are illegal? Any arrest that is made without probable cause can
be considered illegal. For example, if you’re pulled over for no
reason and then searched and arrested, you could point out that there
was no reason to pull you over and no legal reason to search your vehicle.
If the police arrest you without probable cause, your Fourth Amendment
rights will have been violated. That’s against the law, and you
can fight the arrest. Another thing to consider is that there needs to
be evidence of criminal activity before you can be arrested. So, if you’re
hunting on land that says, “No Hunting” and are arrested,
the officer may have believed you were doing something illegal. However,
if the land was yours and you had the legal right to do so and were still
arrested, then you can say the police violated your rights.
Now, there are some cases when you may not be prosecuted against and the
case is dropped. Or, you could be eliminated as a suspect in a case after
another suspect is found. In both of these situations, if the police arrested
you based on the evidence at that time, then you were not falsely arrested
and won’t have a good chance of winning a case.