Police officers have the authority to arrest civilians, but they must do so lawfully and within the bounds of the law. It is possible for police to violate someone’s rights by performing a wrongful arrest.
For example, there was a case in which a person wanted to file a complaint against a specific police officer. In retaliation, that officer decided to arrest the person, even though they had not committed a crime and there was no probable cause or reasonable suspicion. This was an abuse of the officer’s position and constituted a wrongful arrest.
An illegal traffic stop
A similar issue arises when the police conduct a traffic stop without justification. If officers pull a vehicle over without a valid reason, they could be accused of wrongfully detaining the driver. While police do have the right to stop vehicles, they must observe at least a minor reason for doing so—such as witnessing a traffic violation or seeing potential evidence of impairment.
However, it is illegal for police to stop vehicles or make arrests when the individuals in question have done nothing wrong. For example, officers may be tempted to stop every car they encounter in hopes of eventually finding a drunk driver. This is not permitted because they must have a reason to stop a vehicle before they would ever know if the driver is under the influence.
Have your rights been violated?
It can be extremely frustrating to be wrongfully detained or illegally arrested by the police. If this happens to you, it is important to understand your rights and what legal steps you can take.