Challenges in Cases of False Arrest
1. Burden of Proof: The prosecution has the burden of proof in the majority of court cases. In circumstances of wrongful arrest, however, it may become the victim’s responsibility to demonstrate that the arrest was illegal. This could be challenging, particularly if there were no witnesses or if the evidence was gathered through an unauthorized search.
2. Police Immunity: Unless their acts contravene clearly established law, police personnel are generally shielded from litigation by qualified immunity. Because of this, even in cases where an arrest is clearly wrong, it may be difficult to hold police accountable for making false accusations.
3. Regaining Reputation: A false arrest can have a long-lasting effect on someone’s reputation, even if the charges are withdrawn. After an arrest, obtaining housing, work, or even financing may become more challenging.
4. Psychological Trauma: Being falsely arrested may be a stressful event that causes PTSD, anxiety, and melancholy.
5. Evidence Gathering: It might be difficult to gather proof of a fraudulent arrest. Body camera footage could not be accessible or might not show the complete incident, and police reports could be biased. Also, witness testimony is not always trustworthy.
6. Financial Costs: Even if you are successful in your case, it can be costly to fight a wrongful arrest. Attorney costs can mount up rapidly.