Getting to truly understand the legal system can be daunting, especially when it comes to arrests and learning the differences between different types. Today we’ll talk about two types of arrests: wrongful arrest vs. unlawful arrests.
Although these terms can seem confusing, we’ll be breaking down the differences in this blog post. Learn how to protect your rights with Kirakosian Law.
Wrongful Arrest Vs. Unlawful Arrest
While online sources often use the terms false arrest, unlawful arrest, and wrongful arrest interchangeably, they can have distinct legal nuances. These terms collectively refer to a common law tort where a plaintiff claims they were unjustly held in custody without probable cause or a proper court order.
In practice, however, these terms may describe different aspects of arrest situations. Let’s take a closer look at what these two arrest claims are and why we say that they can be different.
Wrongful Arrest
Police officers are required to have reasonable grounds for arresting and detaining individuals, but wrongful arrest and detention, also known as false imprisonment, can occur due to various reasons such as mistaken identity, incorrect police intelligence, or procedural errors.
Experiencing wrongful arrest or mistaken identity can be deeply distressing, especially for individuals with no prior involvement with law enforcement and who are innocent of any allegations. Whether an individual is wrongfully held at a police station, in a police vehicle, or even in their own home, such actions constitute a breach of human rights.
Unlawful Arrest
Claims for unlawful arrest can arise from various situations, spanning from stop and search encounters to immigration-related matters. Such arrests, whether by the police, prison service, Border Control officers, or immigration officers, can cause immense distress to those affected.
For these arrests to be lawful, authorities must have a valid reason, which could involve public protection or the individual’s safety. Detaining a minor in an adult cell, even if charged with an offense, could constitute unlawful detention.
Basically, an unlawful arrest typically occurs when an arrest is made without legal justification or in violation of established laws and procedures. It suggests that the arrest lacked legal authority or justification based on applicable statutes, regulations, or constitutional rights.
In essence, while both of these terms are often used interchangeably, they can carry subtle differences that reflect various dimensions of unjust or improper arrests. It’s crucial to consider the specific context and legal implications when using or interpreting these terms.
If you have been a victim of either wrongful or unlawful arrest, contact Kirakosian Law today.
