Being arrested by the police is a scary, humiliating thing to experience. It is also time-consuming and, frankly, it is inconvenient. It is even more scary and frustrating if there is no basis for the arrest. While police officers are only supposed to arrest people when they have probable cause, far too often people are arrested without probable cause. Making a false arrest is a type of police misconduct. Police who engage in misconduct should be held accountable. If you or someone you care about has been falsely arrested, immediately contact an experienced New York false arrest lawyer at Stephen Bilkis & Associates to discuss your case. While many police misconduct cases involve victims who suffered physical personal injury, physical injury is not necessary to file a claim against the police for misconduct and receive damages.
Probable CauseProbable cause is a legal term that means that the officer has a reasonable belief that the suspect has committed a crime. If the police do not have a reasonable belief that the person has committed a crime or knows that the person did not commit a crime, but arrest the person anyway, the officer would have made a false arrest. As an experienced New York false arrest lawyer can tell you, while not dispositive, an indication that the officer lacked probable cause to arrest you is that the charges against you were dismissed or that the District Attorney declined to charge you.
The police can also arrest a suspect if they have an arrest warrant. However, the probable cause requirement still applies. In order to get an arrest warrant, the police must demonstrate to the judge that they have probable cause to make the arrest. This means that they must recite to the judge sufficient facts to establish probable cause. With an arrest warrant in hand, the police have the right to make the arrest. If they do not have an arrest warrant, the police can only make an arrest if:
In People v. Bigelow, 66 N.Y.2d 417 (1985), the New York Court of Appeals held that the police had probable cause to arrest the defendant based on a detailed tip from a reliable informant. This decision emphasizes the importance of both the informant's reliability and the specificity of the information provided in establishing probable cause. On the other hand, in People v. Nettles, 186 A.D.3d 861 (N.Y. App. Div. 2020), the court found that the prosecution failed to establish probable cause due to inconsistencies regarding the confidential informant's track record, relationship with the detective, and the circumstances of the controlled buy. Therefore, the court ultimately concluded that there was no probable cause, leading to the reversal of the judgment, granting of the defendant's motion to controvert the search warrant, and dismissal of the indictment.
The courts have also addressed the necessity of probable cause in the context of search warrants. In People v. Johnson, 66 N.Y.2d 398 (1985), the court clarified that probable cause for a search warrant must be based on a sworn affidavit that states facts sufficiently strong to justify a conclusion that evidence of a crime will be found at a particular location. This decision underscores the requirement that decisions regarding search and seizure be made based on concrete evidence rather than mere hunches.
DamagesAccording to a January 2024 article published in the Guardian, since1989 New York paid out more than $322 million in damages to victims who were wrongly incarcerated. That is more than any other state. That includes a $500,000 settlement for Denise and Ronald Sheridan, who filed a lawsuit claiming false arrest by police in 2014, including the future police chief. The police claimed that the couple was harboring a felon. The incident was caught on videotape, and shows what the Sheridans described as an unjustified use of force. The settlement was approved in 2022. Each will receive $250,000.
In a 2019, the City of New York paid Gerardo Mayol’s $988,000 after he suffered a stroke after what he describes as a false arrest. In another case, a couple sued the NYPD for false arrest after an incident in 2007 where they allege that they saw police officers roughing up a Black man and demanded that the police to stop. The case was settled for $360,000. In yet another case, a man filed a false arrest lawsuit against the NYPD after suffering a broken ankle while being arrested for shoplifting in Queens. Notably, the plaintiff in the false arrest lawsuit ended up pleading guilty to the shoplifting charge. However, he did prevail in the civil case in that the NYPD settled for $510,000.
If you were falsely arrested, with the help of an experienced false arrest attorney serving New York, you can file a claim against the arresting officer and perhaps the department for violating your civil rights as well as for personal injury. False arrest cases often also involve claims of police misconduct that result in physical injuries. However, while a person who is arrested falsely may not necessarily suffer losses related to physical injuries, they may suffer psychological damages and other financial losses.
Damages that victims of false arrest can seek include:
Note that the amount of damages received depends on a number of factors, including length of time in custody, medical bills, and other substantiated losses. Discuss the details of your case with an experienced false arrest attorney in New York to get an idea of what to expect in the way of damages.
Filing a Claim for False ArrestAs an experienced false arrest attorney in New York can explain, a false arrest claim is a claim against the government. That means that there are unique procedural rules that must be followed that are different from filing a claim against a individual.
The first step is that you file a notice of claim. According to General Municipal Law §50-e, you must first file a notice of claim within 90 days after the claim arises. The clock starts ticking on the the 90-day period the day the claimant is released from custody. While the court has discretion to extend the 90-day requirement, generally, if you miss that deadline, you case will be time-barred, and you will lose your chance to pursue compensation. See Gen. Mun. Law §50-e (5).
Contact Stephen Bilkis & AssociatesIf you believe you were the victim of false arrest, you may be entitled to significant compensation. Contact an experienced false arrest attorney in New York at Stephen Bilkis & Associates. With over 20 years of experience representing victims, we are here to help. Contact us at 800.696.9529 to schedule a free, no obligation consultation regarding your case. We represent victims of police misconduct in Manhattan, Brooklyn, Queens, Long Island, Staten Island, Bronx, Nassau County, Westchester County, and Suffolk County.