False arrest and unlawful detention investigations

The Fourth Amendment requires probable cause for an arrest. A false arrest claim therefore turns on what the officer knew at the moment the arrest was made, not on what was learned afterward. Investigation establishes what information the officer had, where it came from, and whether the arrest report describes it accurately.

What an investigation looks for

• The information available to the officer before the arrest, from dispatch records and 911 calls
• Video of the encounter compared with the narrative in the arrest report
• Witnesses to the conduct that supposedly justified the arrest
• How long the person was held, and when and why the charges were dropped

How these cases are investigated

In false arrest and unlawful detention cases, the work most often involves video and digital evidence recovery, public records requests, witness location and interviews, and independent case review. What a particular case needs depends on what evidence already exists and what is at risk of being lost.

Nationwide, and civil rights only

Civil Rights PI works only on civil rights matters, including false arrest and unlawful detention cases, and accepts investigations in every state. Findings are delivered in a written report, with the source of every fact, for use by you and your attorney.