If an officer has no probable cause and arrests me isn't that assault and battery because they are using force versus a peaceful person? 6 Answers as of December 27, 2013

Also if there is no emergency and the police turn the emergency lights on, can't you sue them for breaking an oath or something? And how would you go about suing the police anyway?

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Lawrence Lewis
Lawrence Lewis | Lawrence Lewis, PC
Is this a homework problem? What determines probable cause is determined by a judge, NOT you.
Answer Applies to: Georgia
Replied: 12/27/2013
Law Office of Edward J. Blum
Law Office of Edward J. Blum | Edward J. Blum
Civilly you could sue them for civil rights violations and false imprisonment.
Answer Applies to: California
Replied: 12/18/2013
Freeborn Law Offices, P.S.
Freeborn Law Offices, P.S. | Steve Freeborn
Probable cause is very easy to establish. Since you give me no facts, other than your personal, unsupported opinion, I cannot answer. No you can't sue the police for turning on their emergency lights.
Answer Applies to: Washington
Replied: 12/18/2013
Ascheman & Smith | Landon Ascheman
No, no, and no. It may be a wrongful arrest, and you may have a case if the officer actually has no probable cause. If you suspect that is the case you should consult with a local attorney. Turning on their lights is not a cause for a lawsuit.
Answer Applies to: Minnesota
Replied: 12/18/2013
Jonathan Blecher, P.A.
Jonathan Blecher, P.A. | Jonathan Blecher
Law enforcement officers have immunity from prosecution for acts done while they are enforcing the law. Unless your civil rights were violated in a very serious way, and I mean serious, you have no recourse to sue them and collect damages.
Answer Applies to: Florida
Replied: 12/18/2013
    Austin Legal Services, PLC
    Austin Legal Services, PLC | Jared Austin
    If they arrest you without probable cause, then it could invalidate the arrest. Whether or not it transcends into assault, will depend on the amount of force used and if they were acting in good faith. To determine if you have a case, consult with an attorney that specializes in 1983 civil suits against the police.
    Answer Applies to: Michigan
    Replied: 12/18/2013
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