Category: Law Enforcement · Statute: F.S. 768.28 · Source: Florida Legislature
Understanding Wrongful Arrest (False Arrest) in Florida
In Florida, a wrongful arrest—legally referred to as false arrest or false imprisonment—occurs when a law enforcement officer unlawfully deprives an individual of their personal liberty without legal justification. Under Florida common law and codified principles, a lawful arrest requires either a valid warrant or sufficient probable cause at the exact moment the arrest is made. If an officer detains someone based on mere suspicion, personal bias, or fabricated evidence, the legal threshold of probable cause is not met, rendering the arrest unlawful. Because Florida law recognizes the severe impact of unlawful detention, victims of wrongful arrest may pursue civil damages against the arresting agency under Florida Statutes Section 768.28, which waives sovereign immunity for certain torts committed by government employees acting within the scope of their employment.
Establishing a successful wrongful arrest claim in Florida requires overcoming the defense of qualified immunity. Officers are generally shielded from personal liability if they can demonstrate "arguable probable cause"—meaning another reasonable officer, possessing the same information, could have believed an arrest was lawful under the circumstances. Consequently, Florida courts closely examine the totality of the circumstances surrounding the officer's decision-making process. If the court finds that no reasonable officer could have believed probable cause existed, the protective shield of qualified immunity is pierced, allowing the injured party to seek compensation for damages such as lost wages, emotional distress, and damage to their reputation.
How Wrongful Arrest Impacts Florida Bail and Pretrial Release
When an individual is subjected to a wrongful arrest in Florida, they must still navigate the standard pretrial release process, as the arresting agency rarely admits error immediately. At the first appearance hearing, which must occur within 24 hours of arrest under Florida Rule of Criminal Procedure 3.130, the presiding judge conducts an independent review of the arrest affidavit to determine if probable cause exists. If the defense successfully argues that the arrest lacked probable cause, the judge must order the defendant's immediate release on their own recognizance, bypassing the need to post a monetary bail bond. However, if the judge erroneously finds probable cause, the defendant may be forced to post bail to secure their freedom, though these financial losses and the cost of the bail bond premium can later be sought as compensatory damages in a subsequent civil lawsuit against the municipality or sheriff's office.