With the rise of NYPD misconduct claims, many individuals and researchers are finding a way to get better control of this issue. Many suggest stopping giving police departments the privilege of internally investigating their own misconduct claims and instead, have independent agencies handle this task.
Unfortunately, many individuals are unaware of what to do when they’re experiencing police misconduct. When this happens, it’s best to connect with wrongful arrest lawyers in NYC to ensure proper legal guidance for unfortunate and unfair situations such as this.
With the false arrest claims rising, it’s always a good idea to stay in the know. In this article, we’ll share everything you need to know about police misconduct and false arrest in New York City.
What is a False Arrest?
Often interchanged with wrongful arrest, a false arrest can lead to an additional charge of false imprisonment. When this injustice occurs, an individual is held against their will and consent and taken into custody. Unfortunately, under limited circumstances, police officers can hold people without their consent and restrict their freedom.
When you are dealing with false arrest, know that you can sue for damages in a civil lawsuit. However, to file an actual case of false arrest, you need to be fully aware that you are confined and cannot leave the area. In that case, people who sleep off a hangover in jail cannot file a claim since they are unaware of the confinement.
How Do Police Officers Violate the Victim’s Civil Rights?
If you’re a victim of false arrest, you can claim that the arresting police officer who was acting as a government agent made an arrest without consent, violating your civil rights. These types of cases often fall under Title 42 of the U.S. Code, Section 1983.
When a complaint states Section 1983, wrongful arrest lawyers will argue that they violated your Fourth Amendment rights since it protects citizens from unreasonable seizures and searches.
What Happens When Police Officers Claim Immunity for False Arrest Lawsuits?
Unfortunately, many courts still favor defense police officers since they recognize split-second decisions that involve critical situations. However, know that police immunity is not certain, and it is only allowable under limited circumstances.
For this reason, it’s best to speak to a wrongful arrest lawyer to better understand the situation and to help you file your claim that could help your cause.
How Do Police Officers Conduct Wrongful Arrests?
In some cases, defense police officers would abuse the “stop and frisk” method. For years, police officers would use this method, allowing them to stop anyone on the street, claiming they had “reasonable” suspicions that you may be involved in criminal activity.
Another thing police officers do is plant false evidence near a suspect. This form of police misconduct can happen during the arrest, placing it in their car or other possessions. Unfortunately, if you don’t have a clear video of proof that this happened, it can be incredibly difficult to prove this misconduct in court.
The Bottom Line: It’s Best to Know the Different Forms of Police Misconduct and Protect Your Rights
Police officers are meant to protect us from harm. But sadly, with the price of New York City police misconduct, it’s much better to know your rights and how to handle false arrests and misconduct.
If you’re unlawfully arrested, it’s best to call a wrongful arrest lawyer right away to properly represent and ensure that you have proper legal guidance for your case.
Reach Out to Ronemus & Vilensky
If you’ve experienced false arrest or other forms of New York City police misconduct, it’s best to call Ronemus & Vilensky right away.
We are a team of accident and malpractice attorneys who focus on personal injury, civil rights, medical malpractice, sexual harassment, construction accidents, and more. So, if you’re looking for a wrongful arrest lawyer in NYC, give us a call!