largo fl lawyer who will sue for false arrest

Full Answer

Can I file a claim for a false arrest in Florida?

If you were wrongfully arrested in Florida you may be able to file two false arrest claims: (1) A federal civil rights claim; and (2) a state law tort claim. The legal issue in both the federal claim and state law claim is probable cause.

Can you sue a security guard for falsely arresting you?

And you can sue the guard (or the store) for damages, regardless of whether the state chooses to file criminal charges against the guard. When people claim that a member of law enforcement has falsely arrested them, they sometimes file a complaint alleging a violation of their civil rights.

Is there a case of false arrest against the police?

In this situation there is no case of false arrest against the police because they have the authority to arrest those they reasonably suspect of having committed a crime. By contrast, suppose a police officer arrests someone because that person insulted the officer or did something the officer didn’t like.

What happens if you make a false statement in court?

In legal lingo, this is known as a “bad arrest.” If a court finds out the truth, it should set the defendant free. The released defendant can’t sue the police for unlawful arrest, but the person making the false statements might be arrested for making false statements, swearing a false oath, or even false imprisonment.

What Constitutes A “False Arrest?”

Someone who intentionally and wrongfully limits or restricts another person’s personal freedoms, against the victim’s consent, commits the crime of...

False Arrest Committed by The Police

When most people think about the police committing false arrest, they think it refers to an arrest that was not supported by evidence. But this is...

Responses to False Arrests and Bad Arrests: A Big Difference

In the first example just above, the police arrested a person on a warrant issued as a result of fabricated statements. In legal lingo, this is kno...

False Arrest Committed by Private Persons

A private person, such as a private security guard, can also commit the crime of false arrest. Someone who restrains someone else, without that per...

Civil Damages For False Arrest

People who have valid claims of false arrest may also bring a civil lawsuit against the person who restrained them. Their argument is that they hav...

What is a false arrest victim claim?

A false arrest victim claim must allege that the employee of the retail establishment caused or directly procured his arrest without any evidence of a criminal violation, and that the restraint was unreasonable, unwarranted under the circumstances, and against the person’s will.

What does it mean to represent a victim of a false arrest?

An experienced attorney representing a victim of a false arrest will ensure that the claim is aggressively pursued to maximize compensation for damages incurred as a result of the false arrest. If you or someone you know is the subject of a false arrest, it is in your best interest to have representation by an experienced attorney.

What is the statute for a store in Florida?

Florida Statutes section 812.015 provides that an owner or employee of a retail store who has probable cause to believe that a person committed retail theft and has probable cause to believe the property can be recovered, can detain a person in a reasonable manner and for a reasonable time for the purpose of recovering the stolen property.

Who is Ken Swartz?

Ken Swartz is experienced in representing individuals in Miami-Dade County and throughout Florida who are the victim of false arrests. Feel free to call the Swartz Law Firm to schedule a consultation with an attorney experienced in representing.

Does Florida's limited qualified immunity apply to reckless conduct?

The Florida Supreme Court concluded in the Valladares case that the limited qualified immunity, which normally covers persons who give incorrect information to the police leading to an arrest, does not apply where the information is provided as a result of reckless conduct.

Can a store be held liable for false arrest?

In the event the store detains a person, the law requires that the police be called immediately. If the store complies with the requirements of this statute, it cannot be held civilly liable for false arrest, false imprisonment, or unlawful detention. This is called qualified immunity. No Qualified Immunity from Civil Suit in the Absence ...

What is false arrest in Florida?

In Florida, false arrest is defined as the unlawful restraint of a person against her will. There are 3 elements that a Plaintiff has to show: an unlawful detention and deprivation of liberty; an unreasonable detention which is not warranted by the circumstances; and. intentional detention.

What happens if you are wrongfully arrested in Florida?

If you were wrongfully arrested in Florida you may be able to file two false arrest claims: (1) A federal civil rights claim; and (2) a state law tort claim. The legal issue in both the federal claim and state law claim is probable cause.

What is probable cause to arrest?

Probable cause to arrest someone exists if, at the moment of the arrest, the facts and circumstances within the officer’s knowledge and of which the officer had reasonably trustworthy info that was sufficient for the “prudent man” (reasonable person) would believe the suspect had committed was in the process of committing a crime.

Who has the burden of proof for probable cause?

On the state side, the defendant law enforcement officer has the burden of proof showing that he or she had probable cause for the arrest. Remember an arrest is valid if based on a warrant or probable cause.

Can you be charged with false arrest if you are convicted?

What you need to remember is that unless you can show that the cops lied when they got a warrant or arrested you, if you were convicted or plead guilty, you will not have a claim for false arrest.

What is a lawsuit for false arrest?

When people claim that a member of law enforcement has falsely arrested them, they sometimes file a complaint alleging a violation of their civil rights. These civil rights lawsuits are known as "Section 1983" suits because they are named after the federal law, United States Code Section 1983, which authorizes them. These lawsuits are brought in federal district court.

What is false arrest?

False arrest, sometimes known as false imprisonment or wrongful arrest, occurs when someone wrongfully holds you against your will or takes you into custody. Both private persons and law enforcement agents can commit this crime when they act beyond or outside of the scope of their authority. False arrest is a crime and a civil harm, enabling ...

What is it called when someone wrongfully holds you against your will?

False arrest, sometimes known as false imprisonment or wrongful arrest, occurs when someone wrongfully holds you against your will or takes you into custody.

What happens if a security guard approaches a shopper?

For example, suppose a shopper is walking out of a store when a security guard approaches. The guard tells the shopper that she has to go back into the store, even though the guard didn't see the shopper exit with unpaid merchandise, nor did anyone else. If the guard uses force, the threat of force, or otherwise restricts the shopper without her consent and without a lawful reason, the guard commits false imprisonment.

Is kidnapping a false arrest?

Kidnapping is closely related to false arrest because both involve an unlawful detention of a victim. Kidnapping is also a more serious crime because the kidnapper intends to harm the victim, hold that person for ransom, or otherwise facilitate the commission of a felony offense.

Can a released defendant sue for a person's arrest?

Also, the released defendant might be able to sue that person for any harm suffered as a result of the arrest. Just as importantly, even though the defendant knew that the basis for the arrest was untrue, he would have had no right to physically resist the arresting officers.

Is a false arrest against the police a lie?

However, as long as a judge found the statement reasonable at the time and issued a warrant based on it, the police acted properly in making the arrest. In this situation there is no case of false arrest against the police because they have the authority to arrest those they reasonably suspect of having committed a crime.

What did Bruce Turnbull pay for the lawsuit against Lynn?

He also sued Lynn for malicious prosecution. The city settled the claim for $100,000, with Detective Bruce Turnbull agreeing to personally pay $100 per month for twelve months. But Lynn failed to respond to the lawsuit, and in 2010, Sakharoff obtained a $1.5 million judgment against her for economic damages.

How much was the economic damages verdict in 2013?

The judge added the April 3, 2013 jury award to the 2010 economic damages judgment, for a total award of $3 million.

How long was Sakharoff in jail?

He spent three days in jail before bonding out, and authorities later dropped the charges.

What is Rachel's law in Florida?

Otherwise known as “Rachel’s Law”, requires the police to follow careful regulated guidelines under Florida Statute 914.28 when using a civilian as a confidential informant (C.I.).

Which state protects you when your civil rights are violated?

The U.S. Constitution and the Florida law protects you when your Civil Rights have been violated.

Who to contact if you have been victim of police brutality?

If you or someone you know has been the victim of police brutality, false imprisonment, contact Attorney Steven M. Logan. You may be entitled to a money award from a Civil Suit against those responsible.

What do police consider before a confidential informant is hired?

The police must also consider the confidential informant’s drug history, his mental and emotional stability before he becomes a confidential informant.

What is wrongful arrest?

Wrongful arrest is an abuse of power. The states vests law enforcement officers with tremendous authority. They are given a badge, and a gun, and the legal authority to arrest people on the street. But with this authority comes the responsibility to respect its limits.

What is an arrest without cause?

Arrest without cause. The officer will arrest an individual even though they have no warrant or probable cause to believe that a crime has been committed. These arrests can be motivated by bias, malice, or even simple laziness. Arrest based on planted evidence.

Why do police officers take oaths?

This is why all law enforcement officers take an oath to uphold the law and the United States Constitution. When a law enforcement officer infringes on a person’s Fourth Amendment right to be free from unreasonable search or seizure, they should be held accountable.

What are some examples of law enforcement abuses?

When these officers cross the line they violate their oaths and abuse their power. Everyday examples of such abuses include: Arrest without cause.

When a law enforcement officer infringes on a person’s Fourth Amendment right to be free from?

When a law enforcement officer infringes on a person’s Fourth Amendment right to be free from unreasonable search or seizure, they should be held accountable. If that has happened to you or a loved one, give us a call for a free consultation.You may be eligible for compensation, and we want to help you.

Which amendment protects against unreasonable searches and seizures?

Wrongful Arrest and Imprisonment. The Fourth Amendment guarantees the right to be free from unreasonable search and seizure. It prohibits the police from arresting a person without a lawfully issued warrant or probable cause to believe they have committed a crime. It also limits the police from entering a person’s home without their permission, ...

Can police make arrests on the basis of race?

Possibly. The police are not allowed to make arrests on the basis of race, and your rights may have been violated. Call us for a consultation to find out if we can help.