What is Wrongful Arrest?
Wrongful Arrest, also referred to as false arrest or unlawful arrest, is the restraint of a person’s movement or liberty without proper legal authority. Wrongful arrest is a subcategory of false imprisonment. We are protected from wrongful arrest and wrongful imprisonment by the Fourth and Fourteenth Amendments of the United States Constitution . The Fourteenth Amendment states, “No person shall be deprived of life, liberty, or property without due process of law.” A law enforcement officer must have probable cause and/or a warrant to arrest you. The Fourth Amendment requires that “No Warrants shall issue, but upon probable cause, supported by Oath or affirmation.” If an officer knowingly presents false information in order to obtain an arrest warrant, it is still a wrongful arrest, even though there is a warrant. A security guard must also have probable cause to detain you on suspicion of a crime and may not detain you for an unreasonable amount of time. 42 U.S.C. ยง1983, is the United
