Police cannot arrest you simply because they suspect you, dislike you, or want to investigate further. An arrest requires probable cause — a reasonable belief, based on specific and articulable facts, that you committed a crime. When an officer arrests you without that legal foundation, they have violated your Fourth Amendment rights.

Strang Bradley represents people subjected to false or illegal arrests and fights to ensure they are compensated for the harm they suffered.

What Makes an Arrest Illegal?

• Arrest without probable cause — the officer lacked sufficient legal basis
• Arrest based on a warrant obtained through false or misleading information
• Arrest based on mistaken identity the officer failed to verify
• Arrest in retaliation for protected First Amendment activity — speaking out, recording police, or peaceful protest
• Arrest based on race, ethnicity, religion, or other protected characteristic
• Continued detention after the legal basis has evaporated

You Don’t Need a Conviction to Have a Claim

The constitutional violation occurs at the moment of the unlawful seizure. Even if charges were later dropped, if the arrest lacked probable cause, you have a potential civil rights claim. If you were also wrongfully convicted, see our Wrongful Conviction page.

What to Do

1. Do not resist physically. Comply and assert your rights through the legal process.
2. State clearly: “I do not consent to this arrest. I am invoking my right to remain silent and my right to an attorney.”
3. Note the arresting officer’s name, badge number, and agency.
4. Document any injuries suffered during or after the arrest.
5. If facing charges, contact a criminal defense attorney immediately.
6. Contact Strang Bradley about the unlawful arrest — this is a separate civil rights claim.

Constitutional and Legal Framework

False arrest claims are brought under the Fourth Amendment through 42 U.S.C. § 1983. Wisconsin also recognizes a state tort claim for false imprisonment. If the arrest reflects a pattern of unlawful arrests, the municipality may also be liable under Monell.

Compensation You May Be Entitled To

• Compensation for time spent in custody
• Lost wages during and following the unlawful detention
• Emotional distress, humiliation, and reputational harm
• Medical expenses for injuries suffered during the arrest
• Punitive damages in egregious cases
• Attorney’s fees under 42 U.S.C. § 1988

Why Choose Strang Bradley

Our attorneys have represented clients on both sides of the criminal courtroom, giving us a uniquely thorough understanding of arrest law, probable cause standards, and police procedure. We know how to scrutinize police reports, expose inconsistencies in discovery, and build persuasive civil rights cases for judges and juries.