Wisconsin Illegal Arrest Lawyers

Police officers 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 makes an arrest without that legal foundation, they have violated your Fourth Amendment rights, and you may have a civil rights claim against the officer and an indemnity claim against the municipality that employs that officer.

Strang Bradley represents people throughout Wisconsin who have been subjected to false or illegal arrests. We pursue accountability through the courts and fight to ensure our clients 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 a mistaken identity that the officer failed to verify
• Arrest made in retaliation for protected First Amendment activity (speaking out, recording police, peaceful protest)
• Continued detention after the legal basis for arrest has evaporated

Illegal Arrest vs. Wrongful Conviction

An illegal arrest does not require that you were ultimately convicted, acquitted, or even charged. 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, that is a separate and additional claim — see our Wrongful Convictions page.

What to Do If You Were Illegally Arrested

1. Do not resist the arrest physically, even if it is unlawful. Comply and assert your rights through the legal process.
2. Document any injuries suffered during or after the arrest, including those caused by handcuffing, transport, or processing.
3. Obtain counsel. Act quickly — strict notice deadlines apply to claims against government entities in Wisconsin.

Constitutional and Wisconsin Law

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 was made pursuant to an official policy or a pattern of unlawful arrests, the municipality or county may also be liable under Monell v. Department of Social Services.

Compensation You May Be Entitled To From An Illegal Arrest

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

Why Choose Strang Bradley for Your Illegal Arrest Case

Our attorneys have extensive experience in the criminal courtroom, which gives us a uniquely thorough understanding of arrest law, probable cause standards, and police procedure. We know how to scrutinize police reports, use discovery to expose inconsistencies, and build persuasive civil rights cases for judges and juries.