Fighting Back Against False Arrest and Police Misconduct in California

Understanding False Arrest and Police Misconduct

In California, law enforcement officers are granted significant authority to uphold the law and protect the public. However, when that power is abused—through false arrest, unlawful detention, or excessive force—it represents a serious violation of civil rights.

A false arrest occurs when an individual is detained without legal justification. It can happen during a traffic stop, a street encounter, or even after mistaken identity. The consequences are often devastating: lost time, emotional trauma, damage to reputation, and financial hardship.

The Law Offices of Christian Contreras, PLC is dedicated to protecting those who have been wrongfully arrested or mistreated by police. Attorney Christian Contreras is a seasoned civil rights lawyer who stands up to powerful institutions to demand accountability and justice.

What Constitutes a False Arrest in California?

A false arrest—or unlawful detention—occurs when a person is taken into custody without probable cause or a valid warrant. Under California and federal law, probable cause means officers must have a reasonable belief, based on facts, that a crime has been committed.

If this standard is not met, the arrest is unconstitutional under the Fourth Amendment, which protects individuals against unreasonable searches and seizures.

Common examples include:

• Being arrested without a valid warrant or clear evidence of a crime.
• Being detained due to mistaken identity.
• Arrests motivated by discrimination or retaliation.
• Fabricated police reports or false statements used to justify an arrest.

In these situations, victims can pursue a civil rights lawsuit against the officer and, in some cases, the department itself.

Police Misconduct and Abuse of Power

False arrests often occur alongside other forms of police misconduct, including:

• Excessive Force: Physical or verbal abuse, unnecessary use of weapons, or unjustified shootings.
• Illegal Searches: Entering homes or vehicles without warrants or probable cause.
• Racial Profiling: Targeting individuals based on race, ethnicity, or appearance.
• Fabrication of Evidence: Creating false narratives to cover up wrongdoing.
• Retaliation: Harassing individuals who film or speak out against police behavior.

Each of these actions undermines the public’s trust and violates the fundamental rights guaranteed by the U.S. Constitution and the California Constitution.

Legal Remedies Available to Victims

Victims of false arrest or police misconduct have multiple legal avenues for justice in California. These include:

1. Civil Rights Lawsuits (42 U.S.C. §1983): Federal law allows individuals to sue government officials who violate their constitutional rights under color of law.
2. State Civil Claims: California law permits lawsuits for false imprisonment, negligence, assault, and battery.
3. Bane Act (California Civil Code §52.1): Protects individuals from interference or threats to their constitutional rights by government actors.
4. Internal Affairs Complaints: Victims can file official grievances with police departments to trigger internal investigations.

Through these mechanisms, victims can seek compensation for emotional distress, lost wages, medical costs, and punitive damages—and force accountability within the system.

The Burden of Proof in False Arrest Cases

Proving false arrest requires demonstrating that:

1. The arresting officer intentionally confined the person;
2. The person did not consent to the confinement;
3. The arrest was not legally justified (no probable cause or warrant).

Even if criminal charges were dropped or dismissed, a civil claim may still be valid. Successful cases often rely on body camera footage, eyewitness statements, police reports, and digital evidence.

Attorney Christian Contreras and his team are skilled at uncovering inconsistencies in police narratives and exposing cover-ups or constitutional violations.

Why These Cases Matter

False arrests and police misconduct are not just personal injustices—they represent systemic problems that erode community trust and public safety.

When these abuses go unchallenged, they send the message that constitutional rights are negotiable, and accountability is optional. Civil rights lawsuits play a crucial role in changing that narrative by:

• Holding law enforcement agencies accountable.
• Forcing policy reforms and better training.
• Protecting others from similar abuses.
• Reinforcing that no one is above the law.

These cases are about more than compensation—they are about protecting democracy, equality, and justice for all.

How the Law Offices of Christian Contreras, PLC Helps

Fighting a case against a police department can be intimidating. These entities often have vast resources and legal teams defending their actions. That’s why victims need a law firm experienced in civil rights litigation and unafraid to take on powerful institutions.

The Law Offices of Christian Contreras, PLC provides:

• Thorough investigations into police reports, witness statements, and body cam footage.
• Aggressive litigation strategies aimed at uncovering truth and accountability.
• Trial-tested representation, with Christian Contreras averaging multiple jury trials per year.
• Compassionate advocacy that prioritizes clients’ emotional and physical well-being.

Christian’s proven record includes multimillion-dollar settlements and verdicts for victims of police misconduct, jail deaths, and civil rights violations across California.

Recent Reforms and Civil Rights Progress in California

In recent years, public outcry and litigation have led to meaningful changes in California law enforcement policies. Notable reforms include:

• Body-Worn Camera Requirements for greater transparency.
• AB 1506, requiring the Attorney General’s office to investigate police shootings of unarmed civilians.
• SB 2, allowing decertification of officers found guilty of misconduct.

Civil rights attorneys like Christian Contreras have been instrumental in pushing for these reforms through relentless courtroom advocacy and community involvement.

Taking the First Step Toward Justice

If you’ve been wrongfully arrested or subjected to police abuse, you don’t have to face it alone. Speaking with an experienced civil rights attorney can be the most important step toward reclaiming your freedom and dignity.

The Law Offices of Christian Contreras, PLC understands the courage it takes to come forward—and offers both legal strength and compassion in every case.

Our firm stands for truth, accountability, and justice for all Californians.

Contact the Law Offices of Christian Contreras, PLC

If you or someone you love has been a victim of false arrest, unlawful detention, or police misconduct, contact the Law Offices of Christian Contreras, PLC today.

Our team will review your case, explain your legal options, and fight tirelessly to ensure your rights are protected.