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When a law enforcement officer approaches you, your gut reaction might be to find a sure way out of the situation. However, resisting an arrest has a negative connotation in most cases. Still, there are some situations in which you can fight back against a wrongful arrest or even pursue legal action with the help of an attorney. The following guide explains what you should know about unlawful arrests, resistance, and how you can safely protect yourself in this situation. 

What Counts As an Unlawful Arrest?

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Even though you may feel that an arrest was unfair, there are strict criteria that determine when an arrest is “unlawful.” This occurs when law enforcement arrests the wrong person—such as if they mistake an individual for someone else, knowingly or otherwise. More commonly, unlawful arrests happen when someone is arrested without just or probable cause, meaning there was no reason or reasonable suspicion that could justify the arrest. Some unlawful arrests occur due to racial profiling or even for personal gains—such as if a law enforcement officer wished to punish someone who upset them.

What Are the Limits of Resistance?

While it is possible to resist an arrest you feel is unlawful, there are limits to how you can fight back. For example, you can only use a “reasonably necessary” amount of force to resist arrest. This definition can be subjective and varies by area. For instance, while you might be able to attempt to walk away from an arrest, physically assaulting an officer may come with penalties. Those being arrested are also prohibited from resisting if they are only doing so because they believe the law they are breaking or being arrested under is unconstitutional. For example, if the officer was allowed to search your vehicle, but you felt that it was an invasion of privacy, you wouldn’t be legally allowed to resist the arrest.

What Are Your Legal Options?

If you believe that you were wrongfully or unlawfully arrested, you could refrain from physical resistance and instead choose legal recourse. For example, you could file a complaint for police misconduct. Eventually, you could file a lawsuit against the officer who arrested you or the police department as a whole. In this case, you would be arguing that the officer harmed you, similar to a personal injury case. If successful, you could receive compensation for the embarrassment, physical pain, and mental suffering you experienced, as well as how the arrest damaged your personal or professional reputation.

 

If you would like to take legal action after a wrongful arrest, reach out to Gary L. Morris, Attorney at Law, in Peoria, IL. For over 40 years, this trusted attorney has defended clients throughout the area. Whether you were charged with a traffic violation, tax fraud, or robbery, you can rely on his skills to craft a strong defense for a brighter future. Visit online for a complete list of practice areas, or call (309) 676-1594 to schedule a complimentary consultation.

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