and then aquiitted in a criminal trial in a Federal court can he/she sue the FBI agent who arrested him/her??????????
2007-06-04 13:22:16 · 9 answers · asked by Anonymous in Politics & Government ➔ Law & Ethics
If a person is arrested, charged, and brought to trial, the arrest is not illegal. An (expensive) investigation can be performed to determine the specifics of a case against the arresting officer but the odds are greatly against the defendant finding enough evidence to file suit for an improper arrest. The District Attorney, (Federal prosecutor, Grand Jury, whoever) must have had some credible evidence or charges would not even have been filed let alone brought to court.
People get acquitted of their charges for various reasons, not always because they are innocent and law enforcement officers are legally protected against vindictive suits.
If there is overwhelming, indisputable evidence of innocence, by all means there should be follow-up investigation. If not, it's best to move on and feel fortunate not to be in prison...
2007-06-04 13:36:11 · answer #1 · answered by ©2009 7 · 1⤊ 0⤋
Yes, you can bring a civil rights violation (section 1983) against the agents and the agency if they failed to property train and supervise their agents in carrying out their duties.
Note to Pat from Ohio: the D.A. doesn't usually get involved in bringing federal charges; that's for the U.S. Attorney.
Also, in MA they passed a law making resisting an ILLEGAL arrest a separate offense, so even if they arrested you without any charges, or they know you're the wrong person, your resistance in that police state will get you put behind bars.
2007-06-04 13:46:29 · answer #2 · answered by Nuff Sed 7 · 0⤊ 1⤋
YES. The arresting officer could be charge "administratively and criminally" for illegal arrest, ignorance of the law, illegal detention (if you were detained for 24 hrs without any charges being filed), etc.
2007-06-04 13:32:17 · answer #3 · answered by Joeyboy 5 · 0⤊ 0⤋
There is no such thing
there is false arrest ; which is being held in custody without probable cause or without an order issued by a court of competent jurisdiction.
2007-06-04 13:29:05 · answer #4 · answered by arus.geo 7 · 0⤊ 0⤋
No I wouldnt think so. Unless you plan to sue the grand jury as well. :)
Maybe if you could prove that the FBI tampered with evidence in order to swaythe grand jury on making the indictment.
2007-06-04 13:25:20 · answer #5 · answered by Anonymous · 0⤊ 0⤋
According to every one who has ever been arrested it was an illegal arrest.
2007-06-04 13:35:13 · answer #6 · answered by Anonymous · 1⤊ 0⤋
depending on the Arrest they might not even GET A TRIAL and could be detained forever.
2007-06-04 13:25:05 · answer #7 · answered by Anonymous · 0⤊ 1⤋
no you cant sue them, such is life.
2007-06-04 13:24:54 · answer #8 · answered by Anonymous · 0⤊ 0⤋
I would assume so....
2007-06-04 13:24:57 · answer #9 · answered by Anonymous · 0⤊ 0⤋