Legal Definitions - false arrest

False arrest occurs when an individual is unlawfully detained or restrained by another person who claims to possess the legal authority to make an arrest, but lacks the proper justification to do so. This means the detention happens without a valid arrest warrant or without probable cause—a reasonable belief, supported by facts, that a crime has been committed by the person being detained. While often used interchangeably with false imprisonment, false arrest specifically involves the assertion of legal power to enforce the law.

It is important to note that false arrest does not require the person making the arrest to act with malice or bad intentions. An honest mistake about their authority or the legal basis for the arrest can still lead to a false arrest claim. This concept applies to actions by both government agents (like police officers, though they often have specific immunities) and private citizens who wrongly assert arrest powers.

Here are some examples illustrating false arrest:

• Example 1: Store Manager Exceeding Authority

  A department store manager suspects an employee of stealing cash from the register. Without any concrete evidence or having witnessed the theft, the manager locks the employee in a back office for three hours, telling them, "You are under arrest for theft, and you're not leaving until the police get here." The manager then calls the police, who arrive and determine there's no probable cause to arrest the employee.

  How this illustrates false arrest: The store manager unlawfully detained the employee, asserting an authority to "arrest" them, which they do not legally possess. The detention was without a valid warrant or probable cause, and the manager's claim of arrest power, even if based on suspicion, was not legally justified.

• Example 2: Police Officer Lacking Probable Cause

  A police officer responds to a report of a minor disturbance at a party. Upon arrival, the officer sees a person standing near the door who "looks agitated." Without asking any questions, observing any illegal activity, or having any other information, the officer immediately places the person in handcuffs and takes them to the station, stating they are "under arrest for disorderly conduct." It is later determined that the person was merely waiting for a ride and had no involvement in the disturbance.

  How this illustrates false arrest: The police officer, despite having general arrest authority, made an arrest without probable cause. There was no reasonable belief, supported by facts, that the individual had committed a crime. The detention was therefore unlawful from its inception.

• Example 3: Private Citizen Misusing "Citizen's Arrest"

  A homeowner sees a teenager cutting across their lawn as a shortcut to a friend's house. Believing the teenager is trespassing with malicious intent, the homeowner confronts them, physically restrains them, and declares, "You're under citizen's arrest until the police arrive!" The teenager was simply taking a shortcut and had committed no felony or breach of peace that would justify a citizen's arrest under the law.

  How this illustrates false arrest: The homeowner unlawfully detained the teenager, asserting a "citizen's arrest" authority that was not legally justified. A private citizen's power to arrest is typically very limited (e.g., witnessing a felony), and simply crossing a lawn does not meet this high legal threshold, making the detention unlawful.