You have the right to not be arrested or handcuffed without "probable cause" to believe that you have committed a crime. Generally, probable cause only exists if at the time you are arrested a reasonable police officer has actual facts leading him to reasonably believe that you committed a crime. Probable cause requires more than just a suspicion that you committed a crime. An arrest occurs any time an officer puts you in a position to believe that you do not have the freedom to walk away. This usually applies at the time you are handcuffed and can apply even if you are not handcuffed. There are numerous examples of false arrest. Some examples of false arrest are as follows:

• Being arrested because an officer plants drugs on you or says that you have drugs when you do not
• Being arrested for something that is not a crime. For example, being arrested for assault because you told an officer: "I'll kick your ass if you come near me," is likely not assault and is a false arrest.
• Being arrested because an officer forced or coerce you to admit to a crime you did not commit
• Being handcuffed at a traffic stop because an officer wants to search your car when he has no reason to search your car can be a false arrest
• Being forced to come to the police station for any arrest when your not under arrest can be a false arrest

There are many other situations that can also constitute a false arrest or a wrongful detention (which requires "reasonable suspicion" to believe that you committed a crime). If you feel that you have been falsely arrested contact Ed Fox & Associates.