If you were arrested by police in Georgia without probable cause, you may be able to bring a civil rights lawsuit against the officers responsible for the arrest. An arrest does not become lawful simply because a police officer believed you committed a crime. The Fourth Amendment generally requires probable cause before police can make an arrest.
At Blake Weiner Law, we represent individuals in Georgia whose constitutional rights have been violated by law enforcement, including cases involving false arrest, excessive force, unlawful searches and seizures, and other forms of police misconduct.
What Is False Arrest?
A false arrest generally occurs when a person is taken into custody without lawful justification.
Under the Fourth Amendment, an arrest ordinarily must be supported by probable cause. Probable cause requires more than a hunch or unsupported suspicion. The circumstances known to the officer must provide an objectively reasonable basis for believing that the person committed or was committing a crime.
Whether probable cause existed is therefore often the central issue in a false arrest case.
Can I Sue a Police Officer for False Arrest in Georgia?
Potentially.
A person arrested without probable cause may have a federal civil rights claim under 42 U.S.C. § 1983. Section 1983 provides a mechanism for individuals to seek relief when a person acting under color of state law violates their federal constitutional rights.
In a false arrest case, the constitutional violation generally arises under the Fourth Amendment’s protection against unreasonable seizures.
However, the fact that charges were dismissed does not automatically mean that the arrest was unconstitutional. The important question is generally whether probable cause existed at the time of the arrest.
What If My Criminal Charges Were Dismissed?
Dismissal of criminal charges can be important, but dismissal by itself does not establish false arrest.
Police may have probable cause to arrest someone even when prosecutors ultimately dismiss the case. Conversely, the filing of criminal charges does not necessarily establish that the original arrest was constitutional.
An attorney evaluating a potential false arrest claim will therefore want to understand exactly what information officers possessed when they decided to make the arrest.
What If Police Relied on a Witness Who Was Wrong?
Police frequently make arrests based partly or entirely on statements from alleged victims or witnesses.
That does not automatically protect an officer from a false arrest claim.
The circumstances matter. Important questions may include whether the witness was reliable, whether the witness actually identified the person arrested, whether officers ignored evidence contradicting the accusation, whether the witness’s account was internally inconsistent, and whether officers conducted an adequate investigation before making the arrest.
Body-camera footage, recorded interviews, 911 calls, police reports, surveillance footage, and other evidence can become particularly important in these cases.
What If Police Left Important Information Out of an Arrest Warrant?
Some false arrest cases involve arrests made pursuant to warrants.
The existence of a warrant can significantly affect the legal analysis, but a warrant does not necessarily end the inquiry. Constitutional issues can arise when officers obtain a warrant using materially false information or omit material information in circumstances where the law recognizes a constitutional violation.
These cases can require a detailed comparison between the warrant application and the evidence actually available to investigators.
What Evidence Is Important in a Georgia False Arrest Case?
Evidence should be preserved as quickly as possible after an arrest.
Depending on the circumstances, important evidence may include:
- Police body-camera footage
- Dash-camera footage
- 911 recordings and dispatch records
- Police reports and supplemental reports
- Arrest warrants and warrant affidavits
- Surveillance footage
- Photographs and cellphone videos
- Witness statements
- Text messages and social-media communications
- Court records
- Records showing the disposition of the criminal charges
A civil rights attorney may use Georgia’s Open Records Act, subpoenas, litigation discovery, or other appropriate methods to obtain evidence that is not already available to the person who was arrested.
Can I Sue If I Spent Time in Jail Because of the Arrest?
Potentially. The length and circumstances of the detention can be relevant to both the legal claims available and the damages suffered.
A person wrongfully arrested may experience loss of liberty, lost income, reputational harm, emotional distress, legal expenses, and other consequences.
The precise claims available depend on what happened during and after the arrest.
Can the Police Claim Qualified Immunity?
Police officers sued under § 1983 frequently raise qualified immunity as a defense.
Qualified immunity can protect government officials from damages in certain circumstances. Whether it applies depends heavily on the particular facts of the case and existing legal precedent.
For that reason, determining that an arrest lacked probable cause is not necessarily the end of the legal analysis. A civil rights attorney must also evaluate whether the law was sufficiently established under the circumstances confronting the officer.
How Long Do I Have to Sue for False Arrest in Georgia?
Civil rights claims are subject to statutes of limitations, and determining the applicable deadline can involve questions about the particular claim and when it accrued.
Other potential claims can also have separate deadlines or notice requirements.
Someone considering legal action against law enforcement should therefore speak with an attorney promptly rather than assuming how much time remains to file a lawsuit.
Georgia False Arrest and Police Misconduct Attorney
Blake Weiner Law represents individuals whose constitutional rights have been violated by law enforcement.
Blake Weiner is a former federal prosecutor and former federal judicial law clerk who now represents individuals in criminal defense and civil rights matters. His civil rights practice includes claims involving false arrest, excessive force, unlawful searches and seizures, and other alleged constitutional violations by law enforcement.
If you believe you were arrested without probable cause in Georgia, contact Blake Weiner Law to discuss the circumstances of your case.
