It’s horrible to think that it happens, but some people do end up being falsely arrested by the police. A false or wrongful arrest happens when you are held against your will or taken to be held in custody wrongfully. For instance, if a police officer pulls you over and claims your tail light is out, that would be a legitimate reason to make a traffic stop. Then, they could ask you for a Breathalyzer test or other information legally. However, if you found that the light was not actually out and that the officer was not truthful, the stop may have been unlawful. That unlawful stop could make your arrest unlawful as well.

With an unlawful arrest comes unlawful imprisonment. False imprisonment happens when you’re detained without your consent in an unlawful manner. For example, if the officer above arrests you claiming that you were driving while intoxicated but stopped you without reason to believe that you had violated traffic laws, any subsequent arrest or imprisonment could be unlawful.

There are other forms of false imprisonment as well. For example, if you’re stopped on the street and put into the officer’s cruiser without violating the law, then that could be false imprisonment. No police officer is able to arrest you or hold you against your will unless they have genuine reason to believe that you committed a crime. Probable cause is the most important factor in cases like this, so if you have been held or arrested with no probable cause backing the actions of the police, you may have a strong case against the police department and the officer’s actions.