File a complaint

This is a discussion on File a complaint within the Criminal Law & Criminal Procedure forums, part of the Legal Questions & Answers Forum category; How do I go about fileing a complaint for wrongful arrest . I was arrested without " Probable Cause "...

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  1. #1
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    File a complaint

    How do I go about fileing a complaint for wrongful arrest . I was arrested without " Probable Cause "


  2. #2
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    Are you referring to a civil lawsuit? If so, I would recommend consulting with an attorney as it is not an easy process.
    Legal Disclaimer: Answers to questions on this forum are for informational and educational purposes only and do not constitute Legal Advice. No attorney-client relationship is established through this forum.

  3. #3
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    You raise two issues which are diametrically opposed to each other. First, "wrongful arrest" may or may not be a violation of the 4th Amendment. If you are looking for bucks, sounds like you may claim the Tort action of "false imprisonment".

    "Probable Cause" and lack thereof is a violoation of the constitution (4th Amendment - criminal law). You really need to talk to an attorney familiar with the 4th.

    Generally, the concept of Probable Cause is gradually losing its effect based on recent Supreme Court decisions.

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    You feel you were arrested without probable cause. You might be wrong. Care to share?


 

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