As part of my probation on my arson charge, I was required to register where I lived as a convicted arsonist. I registered immediately, but when pulled over the police for a traffic violation months later, they arrested me for failing to register. Can I pursue charges for wrongful arrest?











Answer: (1)
While it can be highly disturbing and upsetting to be arrested for something you did not do, there is often gray area involved when dealing with a wrongful arrest charge. If the police can show that they relied on information that is typically relied upon, and used good faith judgment in determining that you were wanted for failing to register, then it will be difficult to prove a wrongful arrest claim. However, if you had copies of your register on your person or provided sufficient evidence to show that you had registered as part of your probation, you may be able to sustain a claim for wrongful arrest against the police. The key to your claim is that you provided sufficient and reliable evidence that proved you complied with your terms of probation, and that the police did not have a good faith belief to detain you on the charge.
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Posted by Bert Gonzalez on 05 Apr 2010