False Arrest and Excessive Force

Specifics of international private law in terms of external elements.

Scarritt Law Group > Areas of Practice > False Arrest and Excessive Force

False arrest and excessive force are legal claims related to the wrongful actions of law enforcement officers. Both claims involve violations of constitutional rights under the Fourth Amendment, which protects individuals from unreasonable searches and seizures.

False Arrest

False arrest occurs when an individual is detained or imprisoned by law enforcement without proper legal authority. This can include situations where the arrest is made without probable cause or a warrant, or where an arrest is conducted without a legal exception to the warrant requirement.

Common Claims:

Lack of Probable Cause: Arresting someone without sufficient evidence or reasonable grounds to believe they have committed a crime.
Detention Without a Warrant: Arresting an individual without obtaining a warrant when one is required, or when legal exceptions do not apply.

Excessive Force

Excessive force refers to the use of more physical force than necessary by law enforcement during an interaction. This typically occurs when officers use force that is unreasonable in relation to the situation or the level of resistance posed by the individual.

Common Claims:

Physical Injury: The use of force that causes unnecessary or severe injury.
Unreasonable Force: Applying force that exceeds what is appropriate given the circumstances, such as using a weapon or physical restraint on a non-threatening individual.

Types of Cases

To address claims of false arrest and excessive force, the following elements are important:

Evidence of the Incident: Documentation such as police reports, arrest records, medical records, and video footage that capture the arrest and use of force.
Lack of Justification: Proof showing that the arrest lacked probable cause or that the force used was excessive under the circumstances.
Witness Testimonies: Statements from witnesses or the affected individual detailing the arrest and force used.
Expert Opinions: Analysis from experts on the appropriateness of the force used and whether it was reasonable given the situation.