Unlawful Detention occurs when a police officer or other state actor, acts under the color of state law to deprive an individual of their Fourth Amendment Constitutional right to be free from illegal searches and seizures.

In other words, an unlawful detention occurs when a police officer detains you for an unreasonable amount of time without probable cause to do so. This “detention” does not necessarily mean an actual arrest.

Police brutality may come in various forms including the unnecessary use of a Taser or other weapon, punching, kicking, or otherwise inflicting harm on an individual who is sufficiently detained.

This also extends to physically asserting control over an individual through the use of force where there is no probable cause to arrest. Like other civil rights violations other factors determine the viability of your claim including the amount of measurable damages such as medical bills, lost income, or identifiable permanent disability.

A police officer doesn’t necessarily need to arrest or charge an individual for there to be an unlawful detention.

Typically, if the individual reasonably believes they are not free to leave without fear of arrest when they are detained. This detention becomes unlawful making the officer and possibly his superiors subject to civil penalties if the officer did not a valid basis.

Contact us If you believe your constitutional rights have been infringed upon.

Contact us at 888-429-4645