Legal Definitions - apprehension

The term apprehension has two distinct meanings in a legal context:

• 1. The act of seizing or arresting someone.

  In this sense, apprehension refers to the lawful act of taking a person into custody, typically by law enforcement, because they are suspected of committing a crime or are wanted for questioning.

  • Example 1: After a high-speed chase, state troopers successfully cornered and took into custody a driver suspected of grand theft auto.

    Explanation: The act of the troopers taking the driver into custody constitutes the apprehension of a suspect.

  • Example 2: Following an investigation, detectives obtained an arrest warrant and subsequently located a person believed to be involved in a series of burglaries. They then placed the individual under arrest.

    Explanation: The process of finding and arresting the individual for the alleged crimes is an act of apprehension.

  • Example 3: A federal agent tracked a fugitive who had skipped bail and was able to detain them at an airport before they could board a flight.

    Explanation: The agent's action of detaining the fugitive is an example of apprehension, bringing the individual back into legal custody.

• 2. The perception or belief of imminent contact.

  In the context of certain civil wrongs (torts), particularly assault, apprehension refers to a person's reasonable belief or awareness that they are about to experience immediate harmful or offensive physical contact. It is important to note that actual physical contact is not required for this type of apprehension; only the reasonable belief that it is about to occur.

  • Example 1: During an argument, one person suddenly raised a clenched fist and lunged towards another, who flinched and braced for an impact that ultimately did not occur.

    Explanation: The person who flinched experienced apprehension because they reasonably believed they were about to be struck, even though no physical contact was made.

  • Example 2: A prankster pointed a realistic-looking toy gun at someone from close range, causing the victim to genuinely fear for their safety and believe they were about to be shot.

    Explanation: Despite the gun being a toy, the victim's reasonable belief that they were in immediate danger of being shot constitutes apprehension for the tort of assault.

  • Example 3: While standing near a cliff edge, one hiker jokingly pushed another, who lost their balance momentarily and felt a sudden terror of falling, even though they quickly regained their footing.

    Explanation: The hiker experienced apprehension of imminent harmful contact (falling) due to the push, even though they did not actually fall.