- The Fourth and 14th Amendments let people claim wrongful arrest at the time of the arrest and in court.handcuffs image by William Berry from Fotolia.com
If you are a resident who was born or currently lives within the United States, you are protected against wrongful arrest by the Fourth and 14th Amendments of the Constitution. You can claim wrongful arrest at the time of the arrest and also sue the state if you are able to prove that you have been wrongfully arrested. Prior to arrest, the arresting police officer must read you your Miranda rights. - Blood tests are considered minimal seizure and not a violation of the Fourth Amendment.blood sample image by Glenn Jenkinson from Fotolia.com
The Fourth Amendment was designed to protect your privacy and property from unlawful seizure and searches. While the Fourth Amendment protects you from "unreasonable" search and seizure, including arrest, it does not protect you from "reasonable" search, seizure and arrest. If the police claim a justified reason to believe they can discover evidence through search, seizure and arrest, they can perform such an act without a warrant. The Fourth Amendment is designed to protect you when you have a "legitimate expectation of privacy," according to legal publisher Nolo.com. This could include privacy in the restroom, for example. - Age discrimination is unlawful.old woman in studio image by Slyadnyev Oleksandr from Fotolia.com
If you have been born in or reside permanently within the United States, the 14th Amendment protects you from being deprived of your life, liberty, property, privileges, immunities, and protection from the state that you reside in without due process of the law. A state cannot arrest you without probable cause and a police officer cannot create a law just to arrest you. The 14th Amendment also protects children born within the United States even when the parents are not permanent residents of the United States. - There is a 48-hour waiting period in jail for administrative work to be completed.jail in calico ghost town, arizona image by Albo from Fotolia.com
If you feel you have been wrongfully arrested, you can resist arrest verbally, but not physically. Remain calm and don't fight the arresting officer to avoid further charges. Tell the officer you believe the arrest is wrongful, so that it can be noted for the record, and provide evidence for your belief. If you cannot provide evidence, comply with the officer during the arrest and provide your claim in the presence of a lawyer or in trial. Police who fail to read suspects their Miranda rights prior to arrest may have committed wrongful arrest. You have the right to have an attorney present when questioned, decline to voluntarily answer any questions and remain silent, and to have an attorney appointed for you if you cannot afford one. Your Miranda rights have to be stated to you prior to arrest and prior to any formal interrogation, and you must consent verbally or in writing.
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