Civil Rights

Wrongful Arrest.

An arrest without probable cause is an unreasonable seizure the Fourth Amendment forbids.

An arrest is a seizure of your body by the state. When it happens without probable cause, the Constitution has been violated, and that violation is a claim.

The Fourth Amendment allows an arrest only on probable cause, meaning facts that would lead a reasonable officer to believe a crime was committed. An arrest built on less, on a hunch, a grudge, mistaken identity, or a fabricated account, is a wrongful arrest. Where an officer pushes a baseless case forward into charges, the related claim of malicious prosecution can come into play as well.

These cases turn on what the officer actually knew at the moment of the arrest. Reports, dispatch records, video, and witness accounts are used to reconstruct that, and to test the stated justification against the facts on the ground. As with any claim against an official, qualified immunity is in the way, and overcoming it takes the same precise, precedent-driven work.

From The Night Docket

On the state's power to seize:

Seizure
What a seizure is under the Fourth Amendment, and when it is lawful.
Flight
What running does, and does not, justify.
Common Questions
What makes an arrest wrongful?
An arrest is wrongful when it is made without probable cause, that is, without facts that would lead a reasonable officer to believe a crime was committed. An arrest based on a hunch, mistaken identity, or a fabricated account can violate the Fourth Amendment.
What is the difference between false arrest and malicious prosecution?
False arrest concerns the arrest itself being made without probable cause. Malicious prosecution concerns pushing a baseless criminal case forward. They can overlap, and both can support a civil rights claim depending on the facts.

Tell me what happened.

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Contact Orlando Rodriguez

(713) 239-2300