People must know about their rights. In terms of criminal investigations, things can get out of hand. This means that one person can suffer from unlawful arrest.
With that, what would happen if you are the one who has been subjected to unlawful arrest in Michigan? What should you do? What are your rights? Read this article to learn more.
Defining Unlawful Arrest
It is important to know about the definition of unlawful arrest. What constitutes unlawful arrest? By definition, there is unlawful arrest when an individual has been arrested, held, or detained against their will by any individual who is considered authoritative such as a police officer or a security guard,
The unlawful arrest is generally a civil lawsuit. However, when there are violations of your rights that could be criminal, you and your lawyer can file for an unlawful arrest suit.
In Michigan Comp. Laws Section 32.1097 entitled ‘Wrongful apprehension, arrest, or confinement of person; punishment’, the law provides the following: Except as provided by law, a person subject to this code, who wrongfully apprehends, arrests, or confines a person shall be punished as a court-martial directs.
The concept of the false arrest comes with exceptions.
In the case of Holland v. Lutz, the Doctrine of Judicial Immunity was discussed. It provides that “A judicial officer is not liable for a false arrest resulting from acts performed in his judicial capacity unless there be a clear absence of all jurisdiction over the subject matter and the person, even though his acts constitute an excessive or erroneous exercise of jurisdiction, or involve a decision that he had jurisdiction when in fact he had none.”
35 C.J.S., False Imprisonment, § 44a, p. 705, summarizes the rule on unlawful arrest in the following:
“Based on the principle that all judicial officers are protected by their official character from liability in tort, because of public conduct clearly within the pale of their authority, although involving demonstrable legal error, it is the general rule that a judicial officer is not liable for a false arrest or detention arising out of acts done in his judicial capacity where there is not a clear absence of all jurisdiction over the subject matter and person, even though such acts constitute an excessive or erroneous exercise of jurisdiction or involve a decision that the officer had jurisdiction over the particular case where he had none. The rule is sometimes stated in somewhat different terms to the effect that a judicial officer is not liable when the arrest or detention is in a case belonging to a class over which he has cognizance, and is by complaint or other proceedings put at least colorably under his jurisdiction.”
This means that if the officer is acting within the scope of his jurisdiction, then he is not liable for unlawful arrest.
In the next part of this series, we will discuss the topic of unlawful arrest and more information about it.
So, can I sue the police for unlawful arrest?
Yes, you can sue the police for unlawful arrest in Michigan. If anything, you need to get a lawyer as soon as you are arrested so you can properly get assisted. This is why we are here.
Get Yourself a Good Lawyer
Here at Haque Legal, we always tell potential clients that the best thing that they can do in case of a case filed against them is to get themselves a good lawyer at the beginning of the proceedings. Even when you are just filling up forms or when you think that you already have a dispute, you can always get yourself a good lawyer to get started with the process
The first great thing that you can do is to make sure that you have a good guide when it comes to dealing with legalities. After all, you are fighting for your freedom and your life.
Contact Your Lawyer
If you have been involved in a criminal complaint in Michigan, you need to contact your law firm. A lawyer can help you get started with properly protecting your rights. A lawyer at Haque Legal will see to it that your needs are met from the beginning to the end of the proceedings. You are always in good hands with Haque Legal and what it has to offer.
The article that you have read is based on general applications of the law. It is not legal advice and it is not to be construed as any legal consultation with the firm. No client-attorney relationship is created when you read the articles we have provided.
Let us help you out.
If you are having trouble with the law about a possible charge of a sex crime or you want a lawyer to help you with the representation, call us immediately. If you have any problem with the law or are seeking justice and truth, our numbers are standing by to take your call.