You may have seen the video: NYPD officers arresting a man inside his own business — the wrong man. It went viral because it confirmed something a lot of people already believe: that an arrest can go wrong fast. But most of what people think they know about arrests comes from television, and television gets a lot of it wrong. Here are three things New York law actually says.

1. The police have to tell you why you are being arrested.

Under Criminal Procedure Law § 140.15(2), when an officer arrests you without a warrant, they have to inform you of their authority and purpose — and the reason for the arrest. If they do not, ask: “Why am I being arrested?” That is not arguing. That is your right.

2. Miranda is not what TV taught you.

Miranda warnings are only required before police question you while you are in custody. No questions, no warnings required. And if they do question you without the warnings, the consequence is that your statements can be thrown out of court — the arrest itself still stands.

3. A Miranda violation is not, by itself, a lawsuit.

The Supreme Court said so in Vega v. Tekoh, 597 U.S. 134 (2022): a Miranda violation alone cannot support a federal civil rights claim under 42 U.S.C. § 1983. The real claim in a wrongful-arrest case is false arrest, and that comes down to one question: did the police have probable cause? Being innocent does not automatically mean they did not — and even then, qualified immunity is the next wall a lawsuit has to get over.

What to do if it happens to you

Do not resist. Do not argue your case on the sidewalk. You will generally be brought before a judge within 24 hours (CPL § 140.20), and that is where the arrest gets tested — not on the street. If you want to bring a claim against the City afterward, know there is a 90-day deadline to file a notice of claim (General Municipal Law § 50-e). Miss it, and the claim is gone.

Know your rights before you need them. If you were arrested and you think it was wrong, talk to a lawyer early — the deadlines start running the day you are released.

This post is general information only, not legal advice. Attorney Advertising. Every case is different; if you need advice about your situation, contact a lawyer.