This is regarding criminal and perhaps civil/tort law in the state of NM
About 2 months ago I was arrested for assault on a household member. Since I was arrested, obviously the officer filed a criminial complaint that was noted on the probable cause statement.
My question is what info is required in a probable cause statement to validate arresting someone for assault on a household member. Is the lack of certain facts sufficient to invalidate a probable cause statement and therefore be considered wrongful arrest/false arrest.
I know officers are individually given qualified immunity in cases where the final disposition is a non-conviction. But is there anyway to sue the state police dept or anyone for an arrest that didn't meet the thresold for probable cause?