Police Unlawful Arrest Format
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FAQ
Examples of false arrest and false imprisonment situations An example of a false arrest is a police officer detaining someone without reasonable suspicion, probable cause, or an arrest warrant.
§ 11.404 False imprisonment. A person commits a misdemeanor if he or she knowingly restrains another unlawfully so as to interfere substantially with his or her liberty.
A police officer or other law enforcement official must have arrested you, i.e. they must have stopped you and confined you. You must have been aware that you were confined. You must not have consented to the confinement. The confinement was not privileged, i.e. there was no probable cause.
Following a false citizen's arrest, you can sue the arrestor for battery or false imprisonment. If the false arrest was by law enforcement, you can also bring a civil rights lawsuit against the police. Even if police have an arrest warrant, making an arrest can be illegal if the warrant is invalid.