False
Arrest

Malicious Prosecution

An individual may try to defame, harass, or threaten you by fabricating lies to put you in wrongful arrest. In most cases, these lawsuits fail, but they can still inflict significant damage to your reputation and well-being.
Disproving a malicious prosecution case requires your party to prove, beyond a reasonable doubt, that you have been falsely accused. Your party must also show that the party bringing in the case did so out of malice or wrongful intent.
Malicious prosecution is a violation of 42 U.S. Code § 1983. This statute is also called the “Civil action for deprivation of rights,” which provides you with the right to seek damages in a wrongful arrest lawsuit.

Police Brutality — Excessive Force

The use of excessive force refers to when an arresting officer uses more power than necessary to restrain or arrest a person. This type of wrongful arrest is illegal under the Fourth Amendment, which protects individuals from unreasonable search and seizure.
When dealing with a police brutality case, you must know that the court will base its decision on the following factors:
The severity of the crime.

There is an immediate threat to the arresting officer or any other person.
You are forcibly resisting an arrest.
The police officer reasonably warned you not to resist an arrest.
The severity of the force used by the arresting officer compared to your actions.
Securing evidence, such as photos, videos, or eyewitness testimonies, is critical to proving a police brutality case.

Unlawful Strip Searches

Strip searches are conducted to search for possible hidden contrabands. However, wrongful strip searches involve a person being subjected to invasive and humiliating actions by a police officer without proper justification.
In 2001, New York City settled $50 million for illegal strip searches of over 50,000 individuals. Most of these people were first-time offenders of misdemeanor or infraction crimes. Although strip searches are legal, they must be done with probable cause and following the Fourth Amendment.

Excessive Detention

In the criminal process, detention is crucial to ensure a suspect’s appearance in court. However, wrongful arrest cases can happen when an individual is detained beyond what is necessary or reasonable for their crime.
In most cases, defendants are detained for 24 to 48 hours before being released. If your wrongful arrest continues beyond this period, you may be able to file an unlawful arrest lawsuit against the arresting officers and their superiors.