Being Wrongfully Arrested in Florida
I was arrested without cause — here's what Florida law says and what to do next.
Statute: Fla. Stat. § 768.28 (Florida Sovereign Immunity Waiver)
Deadline: 1095 days
Penalty: Section 1983 claims have a 4-year statute of limitations in Florida (one of the longest in the nation). State tort claims require pre-suit notice under Fla. Stat. § 768.28. State liability is capped at $200,000 per claimant / $300,000 per incident unless the legislature approves a claims bill
What is being wrongfully arrested?
Police can't arrest you without probable cause — a fact-based reasonable belief that you've committed a crime. An arrest without it is a false arrest and a Fourth Amendment violation. The standard is lower than "beyond reasonable doubt" but higher than a hunch — it's what a reasonable officer, looking at the same facts, would conclude.
Below the arrest line is the Terry stop — a brief investigative detention, named after Terry v. Ohio (1968), that requires only reasonable suspicion of criminal activity. Police can stop and ask questions, and pat you down for weapons if they reasonably believe you're armed and dangerous. They can't stop you just because you "look suspicious," because of your race, or because you refused to answer questions on the street.
What to Do If You Were Arrested Without Probable Cause
Step 1: Find out where you stand. "Am I free to leave?" If no, you're detained. "Am I under arrest?" These two questions clarify the legal posture and create a record on body cam.
Step 2: Don't physically resist. Comply with the body, but say it on the record: "I do not consent to this arrest."
Step 3: Ask the basis. "What is the probable cause for my arrest?" The officer should be able to point to a specific crime. The answer (or lack of one) becomes evidence.
Step 4: Watch the clock. A Terry stop is supposed to be brief — typically 20–30 minutes max. Hold you longer without an arrest, and the stop has likely ripened into an unlawful seizure.
Step 5: After release, document. Names, badge numbers, exact times, witnesses, anything said. File internal affairs and DOJ complaints, and call a civil rights attorney while the details are fresh. § 1983 has a state-borrowed limitations period — often two or three years — but earlier is always better.
How Florida differs from federal law
Florida has a stop-and-identify law and follows federal probable cause standards:
- Stop-and-identify: Fla. Stat. § 856.021 (loitering and prowling statute) has been used to require identification during police encounters. Florida courts have interpreted this narrowly, but it can create complications during stops.
- Florida Constitution Art. I, § 12: The Truth in Evidence amendment limits Florida courts from expanding protections beyond the federal 4th Amendment standard.
- Four-year statute of limitations: False arrest claims in Florida must be filed within 4 years under Fla. Stat. § 95.11(3). This is longer than most states.
- Sovereign immunity: Under Fla. Stat. § 768.28, the state and municipalities have limited sovereign immunity. You can sue for false arrest, but damages against the government are capped at $200,000 per claim and $300,000 per incident.
Additional steps in Florida
File a complaint with internal affairs. Consult a civil rights attorney about both state tort claims (Fla. Stat. § 768.28) and federal § 1983 claims. Contact the ACLU of Florida for help.
What you should NOT do
Don't run. Even from an unlawful stop, running becomes evidence of consciousness of guilt and triggers extra charges. The Supreme Court in Illinois v. Wardlow (2000) held that flight in a high-crime area can itself be reasonable suspicion.
Don't lie. Silence is your right. False statements to officers — fake name, fake address — are separate misdemeanors or felonies in most states.
Don't argue the law on the street. The officer doesn't decide who's right and the sidewalk is the worst possible courtroom. Save it for your lawyer.
Don't assume you have no proof. Body cams, dash cams, business surveillance, neighborhood Ring cameras, bystander phones. Records often surface late but they surface.
Don't wait — the clock is ticking.
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Generate your police complaint →This page is general legal information for Florida, not legal advice for your specific situation. Laws change, and how a statute applies depends on facts we don't know. For advice on your matter, consult a licensed attorney in Florida.