The police are tasked with many difficult situations, but with their great power comes great responsibility. All police officers have to work within a certain set of standards laid out by the United States Constitution. They also have to make certain that your constitutional rights are not being infringed upon. Should they fail to comply with these standards, they may be liable for damages under the law.
Were you wrongfully arrested by police in Albuquerque, New Mexico? If so, you might be entitled to compensation. Get in contact with The Law Office of Brian K Branch. Branch’s team of lawyers are seasoned New Mexican personal injury attorneys that have been getting results for their clients for decades. With these legal experts in your corner, you can approach this legal process with a sense of confidence and efficiency.
What are the laws on wrongful arrest?
The main law that comes into play when it comes to wrongful arrest is the 4th Amendment of the Constitution. The 4th Amendment protects every citizen from being arrested without probable cause or a warrant. Additionally, it prohibits the police from searching cars or homes without permission or probable cause.
A violation of the 4th Amendment by wrongful arrest is considered an abuse of power, and police are not allowed to do it. However, proving this can be difficult in court.
Why is it hard to sue the police?
You would think that with all the stories going around about police brutality, that more cops would be in jail, but the simple reality is that lawsuits against state law enforcement officials are inherently difficult. The police, like all government agencies, have vast amounts of time, money, and bureaucratic know-how that allow them to fight any court case that comes their way to the fullest. This means considerable evidence has to be presented to sway the case against them.
“Qualified immunity” is the legal term for the privilege that police officers are granted in order to effectively apprehend suspects and neutralize crime situations. In other words, if it’s necessary to keep themselves or bystanders safe, they are allowed to use force, violence, or arrests if a “reasonable person” would think that you likely committed a crime. Of course, what’s necessary and unnecessary can a source of considerable debate, and this is why an experienced New Mexico police brutality lawyer is always handy.
What kind of compensation am I entitled to?
This always depends on the severity of the case (how long you were arrested for), but wrongful arrests can generate anywhere from the low four figures to high six-figures in some circumstances.
Looking for justice after being wrongfully arrested in New Mexico?
Get in touch with the Law Office of Brian K Branch today to see what your options are.
The Law Office of Brian K Branch
715 Marquette Ave. NW
Albuquerque, New Mexico 87102
Toll Free: 888.972.1212