Being wrongfully arrested is a terrifying experience, leaving lasting emotional and legal ramifications. Understanding your rights and the legal avenues available to you is crucial. This article clarifies the legal framework surrounding wrongful arrests in California, helping you understand what constitutes an unlawful arrest and what steps you can take if you find yourself in this situation.
What Constitutes a Wrongful Arrest in California?
California law protects individuals from unlawful detainment, defining it as false imprisonment. This is a broad term encompassing several scenarios. A key distinction is made between false imprisonment and false arrest. False imprisonment simply means being intentionally confined without consent and without lawful justification for an appreciable amount of time, even if brief.
False arrest, however, is a specific type of false imprisonment involving an arrest by a law enforcement officer. To successfully claim false arrest, you must demonstrate three things: 1) the arrest was made by a police officer (or someone acting under the color of law); 2) you suffered harm as a result of the arrest (this harm can be physical, emotional, financial, or reputational); and 3) the officer’s actions substantially caused that harm.
Once these elements are established, the burden shifts to the arresting officer to prove they had probable cause – meaning a reasonable officer would have believed there was sufficient evidence to make the arrest. If the facts are disputed, a jury decides whether probable cause existed based on the evidence presented in court. Critically, even with probable cause, an arrest can still be unlawful under California law.
Probable Cause and its Limitations
While probable cause generally shields officers from liability under the Fourth Amendment of the U.S. Constitution, California law imposes stricter limitations, especially concerning misdemeanors and infractions. Custodial arrests (meaning being taken into custody) for these lesser offenses are generally prohibited unless the individual refuses to identify themselves, refuses to sign a written promise to appear (a citation), or refuses to provide fingerprints. This is explicitly outlined in Penal Code § 853.5(a).
Furthermore, officers typically cannot arrest for misdemeanors they didn’t witness being committed, with exceptions for driving under the influence (DUI), domestic violence, and battery. Arresting someone significantly after a misdemeanor occurred (a “stale misdemeanor”) is also unlawful, though officers can still detain the individual to gather information for a warrant.
Lawful Warrantless Arrests and Your Rights
Warrantless arrests in California are tightly regulated and permissible only under specific circumstances as defined in Penal Code § 836:
- Probable cause that a crime (felony or misdemeanor) was committed in the officer’s presence. This means the officer witnessed the crime firsthand.
- A felony committed outside the officer’s presence but with probable cause to believe it occurred. The officer didn’t witness the crime, but has sufficient evidence to believe it was committed.
- Probable cause to believe a felony was committed, regardless of whether one actually occurred. This situation requires a high degree of certainty, and subsequently a high burden of proof for the officer.
Following a warrantless arrest, you have important rights. Adults have the right to make at least three phone calls within three hours of booking (Penal Code § 851.5), while juveniles have the right to at least two calls within one hour (Welf. & Inst. Code § 627(b)). Denying these calls is a misdemeanor and can result in civil liability for the officer or agency involved. Additionally, individuals arrested without a warrant are entitled to a judicial determination of probable cause within 48 hours (County of Riverside v. McLaughlin).
What to Do if You’ve Been Wrongfully Arrested
If you believe you’ve been wrongfully arrested, immediately seek legal counsel. A qualified attorney can assess your case, determine the strength of your claim, and guide you through the legal process. Document everything: the date, time, location of the arrest; the names and badge numbers of the officers involved; and any witnesses present. Preserve any evidence that supports your claim, such as photos, videos, or medical records documenting any injuries sustained.
Remember, even if charges are dropped, you may still have grounds to pursue a civil lawsuit against the arresting officer and/or the agency. The legal process can be complex, but having a skilled lawyer on your side can significantly increase your chances of a successful outcome. Don’t hesitate to seek help; understanding your rights and pursuing your legal options are crucial steps in recovering from the traumatic experience of being wrongfully arrested.
Here’s an FAQ section addressing wrongful arrest in California, based on the provided information. I’ve excluded points 2-20 as they relate to UK and more general US law, not specifically California law.
What constitutes a wrongful arrest in California?
In California, a wrongful arrest is a form of false imprisonment, specifically false arrest, meaning an unlawful seizure of an individual by a law enforcement officer. This requires the arrest to be made without probable cause, meaning a reasonable officer wouldn’t have believed a crime had been committed. Even if probable cause exists, an arrest can still be unlawful if it violates specific California laws regarding the circumstances under which an arrest is permitted.
What are the elements I need to prove to win a false arrest lawsuit in California?
To successfully sue for false arrest in California, you must prove: 1) you were arrested by a police officer; 2) you suffered harm as a result of the arrest; and 3) the officer’s actions were the substantial cause of your harm. Once you’ve established these elements, the burden shifts to the officer to demonstrate they had probable cause for the arrest. If the facts are disputed, a jury will determine if probable cause existed based on the evidence presented.
What is “probable cause,” and how does it relate to a wrongful arrest?
Probable cause means that a reasonable police officer, based on the facts known at the time of the arrest, would believe a crime had been committed. While probable cause generally protects officers from liability, California law places stricter limitations on arrests than the Fourth Amendment of the US Constitution, particularly for misdemeanors and infractions. Even with probable cause, an arrest might still be deemed unlawful due to these stricter state laws.
Can I be arrested for a misdemeanor that wasn’t committed in the officer’s presence?
Generally, no. California law restricts arrests for misdemeanors not committed in the officer’s presence, except for specific exceptions like DUIs, domestic assault, and battery. If a misdemeanor was committed outside an officer’s presence, they may detain an individual to obtain identifying information for a warrant, but a custodial arrest is generally not permitted without a warrant in such cases.
What are my rights following a warrantless arrest?
Following a warrantless arrest, adults have the right to make at least three phone calls within three hours of being booked. Juveniles have the right to at least two calls within one hour. Denial of these calls is a misdemeanor and can lead to civil liability for the arresting officer. Furthermore, you are entitled to a judicial determination of probable cause within 48 hours of your arrest.
What if I was arrested with a warrant? Can that still be considered wrongful?
Yes. Even with a warrant, an arrest can still be wrongful if the warrant itself was obtained illegally or based on insufficient information. A wrongful arrest can still lead to significant damages, even if a warrant was involved.
What should I do if I believe I’ve been wrongfully arrested?
Immediately seek legal counsel. An attorney can advise you on your rights and assist you in pursuing legal action if your arrest was unlawful. Document everything, including the date, time, location, names of officers involved, and any witnesses present.
This FAQ provides a general overview. Specific facts and circumstances of each case will determine the legal outcome. It is crucial to consult with a California attorney specializing in wrongful arrest cases for tailored advice.