wrongful arrest (thing)
Return to wrongful arrest (thing)
Defined as "the arrest of a person when there is no legal authority to do so." This may include arrest without proof, improper arrest procedures (such as failure on the officer's part to inform the suspect of their Miranda Rights) or arrest without just cause.
Most wrongful arrest cases are proven after the fact and are typically discovered while in court. However, there is evidence to support the notion that a person who is being wrongfully arrested may resist arrest, but they must have immediate proof of their innocence and their resistance must not take violent or physical form. If a police officer is making an arrest and you claim that it is wrongful, the officer is required to demand evidence of your claim. If you cannot provide evidence of your innocence, you are legally bound to obey the officer's orders within reason and submit to arrest.
You may, at a later time or in the presence of a lawyer, restate your claim and request a judge to grant you the freedom to prove your innocence, but the limitations in such allowances are problematic because the authorities might have a legitimate concern that you may flee.