Being arrested for any reason can be very depressing. Things become a lot more unsettling if the arrest happens beyond the scope of proper legal justification. If this happens, the arrest may qualify as unlawful.
The 4th Amendment protects all persons from unlawful search and seizure. Law enforcement cannot arrest you on a whim. For an arrest to be lawful, the police must have probable cause or an arrest warrant.
Here are three questions that can help you determine if your arrest was unlawful:
1. Was there a probable cause for your arrest?
As already mentioned, the police must have either a valid warrant or a reasonable cause to believe that you are about to commit a crime to arrest and detain you.
The police should be able to objectively point out the circumstances that lead them to believe that you were guilty of a crime to justify your arrest
2. Was the arrest based on false evidence?
It is not unheard of for an officer to plant evidence on a suspect. Planted evidence can include drugs, weapons or alcohol. False evidence, on the other hand, can include rigged BAC test result that is presented as authentic.
3. Was the arrest based on false testimony?
This type of arrest is common in domestic violence cases where an alleged victim may make false claims of violence to score points during a divorce or child custody case. If an officer simply took another party’s word for what happened without any objective evidence to back up the statements, that could be an unlawful arrest.
Being arrested if you are innocent can be devastating. Find out how you can protect your rights if you are a victim of an unlawful search and seizure. Can an experienced criminal defense attorney immediately if you’re facing charges of any kind.
