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How do you fight false arrest in Denver?

Denver, CO – Over the past few years there’s been a lot of talk on police brutality, but there are many other types of police misconduct, such as false arrest or coercive interrogation, that can cause even more harm than a Taser or a chokehold. Law enforcement agents have considerable power, and rightfully so, they have a dangerous job after all. However, when they step outside the strict boundaries of the law and harm innocent civilians, they need to be held accountable. 

What is a false arrest?

In order to arrest an individual, police officers need either a valid warrant or probable cause. When they have neither, detaining a person against their will is a false arrest and you have the right to file a civil rights lawsuit. 

Can an arrest be false if there is a warrant?

When you’re stopped by police and the handcuffs come out, you probably won’t have much time to look at the warrant. Your best chance in such a situation is to immediately call an experienced Denver police misconduct lawyer and have them take a look at the warrant. An arrest warrant can be invalid if:

  • The name of the suspect is not specified
  • It doesn’t say for what crime that person is being arrested
  • It doesn’t clearly identify the judge who signed the document
  • The police officers lied to the judge about why they were seeking to arrest that person.

If your lawyers discover the warrant was invalid, you may be freed and then you can consider how you want to proceed.

What constitutes probable cause for an arrest?

A police officer out on the street may run into a situation when they see fit to arrest a suspect. Probable cause for an arrest is when the suspect was engaging in a crime or when the officer has reason to believe they were about to commit a crime. Another probable cause for arrest is stopping a suspect from fleeing or destroying evidence of a crime.

For instance, when there’s a robber at a jewelry store the intervening police officer is perfectly justified to arrest a guy running down the street with the loot hanging out of his pockets. What is not allowed is arresting the guy loitering at the corner of the street smoking a cigarette. Unfortunately, in Denver, if you’re a black man hanging around a street corner you may be arrested in connection with a crime you know nothing about. Statistics show that people of color are more likely to be the victims of police brutality and false arrest than white people. 

What can victims of false arrest do?

Even if you know you haven’t done anything wrong, it’s best not to confront the police officers. In a tense situation, a verbal altercation can easily turn violent and it is the civilian who will suffer most. Think George Floyd. 

There are legal ways to fight police misconduct, such as:

  • Filing a complaint against the officer who operated a false arrest.
  • Filing a motion to suppress whatever evidence against you was obtained as a result of a false arrest.
  • File a civil rights lawsuit under Section 1983 against the responsible officer and/or the police department they work for. You can seek monetary damages for all the financial losses you suffered, as well as for the mental suffering, your humiliation, and the damage to your reputation. 

 

If you were recently a victim of any type of police misconduct in Denver, talk to a dedicated civil rights lawyer at the Bryan&Terrill law firm to see how to proceed with your case.

Contact info:

Bryan & Terrill

333 W. Hampden Ave., #420B

Englewood, CO 80110

(720) 923-2333

 

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