This is a Complaint pleading for use in litigation of the title matter. Adapt this form to comply with your facts and circumstances, and with your specific state law. Not recommended for use by non-attorneys.
Complaint False Arrest With No Evidence In Miami-Dade
Category:
State:
Multi-State
County:
Miami-Dade
Control #:
US-000280
Format:
Word;
Rich Text
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FAQ
To prove a false imprisonment claim as a tort in a civil lawsuit, the following elements must be present: There was a willful detention; The detention was without consent; and. The detention was unlawful.
To succeed in a wrongful arrest claim in Florida, the plaintiff (the person who has been detained or arrested by law enforcement) must prove the following elements: The defendant (the law enforcement agency or officer) intentionally or recklessly detained the plaintiff.
Proving False Arrest To be successful with a civil lawsuit pertaining to false arrest, you must prove three elements of your case. These are as follows: Law enforcement officials arrested you without a valid warrant, without a warrant at all, or without probable cause. You suffered actual harm as a result.
To win in a negligence lawsuit, the victim must establish 4 elements: (1) the wrongdoer owed a duty to the victim, (2) the wrongdoer breached the duty, (3) the breach caused the injury (4) the victim suffered damages.
What is legally required for an officer to arrest you? The officer has “probable cause.” Probable cause is the grey area between suspicion and complete certainty. The officer has personally observed the crime. The officer has an arrest warrant.
Typically, plaintiffs bringing allegations of false arrest against state authorities need to prove all three of the elements outlined below. The arrest was inappropriate. The person detained suffered harm. An officer was the cause of the injury.
Examples of Unlawful Arrest Being forced or coerced by an officer to admit to a crime you didn't commit. Having drugs or other contraband planted on you. You annoyed an officer but didn't break any law. There's no reason to search your car, but the officer does so after placing handcuffs on you.
A false arrest is the restraint or detention by one person of another without lawful justification (probable cause or a valid arrest warrant) under an asserted legal authority to enforce the process of the law. False arrest is also referred to as false imprisonment and is generally considered a misdemeanor offense.
More info
The police complaint processes contained in this guide are for general information purpos es only. The online citizen police report system allows you to submit a report immediately and print a copy of the police report for free.Warning: Filing a false complaint is a crime. False complaints are forwarded to the Miami-Dade County State Attorney's Office. If you are facing charges of false imprisonment, you need the help of an experienced attorney. Falsely accused of a crime in Miami? If you have been wrongfully arrested, contact The Baez Law Firm in Orlando and Miami to fight for your rights. The Plaintiffs neither possessed nor presented any evidence of malice, and they admit that Sgt. Sedano was immune from a malicious prosecution action. However, taking the evidence in the light most favorable to Plaintiff, Officer Huerta did not have arguable probable cause to arrest Plaintiff.