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false arrest A tort (a civil wrong) that consists of an unlawful restraint of an individual's personal liberty or freedom of movement by another purporting to act according to the law.

The term false arrest is sometimes used interchangeably with that of the tort of False Imprisonment, and a false arrest is one method of committing a false imprisonment. A false arrest must be perpetrated by one who asserts that he or she is acting pursuant to legal authority, whereas a false imprisonment is any unlawful confinement. For example, if a sheriff arrests a person without any Probable Cause or reasonable basis, the sheriff has committed the torts of false arrest and false imprisonment. The sheriff has acted under the assumption of legal authority to deprive a person unlawfully of his or her liberty of movement. If, however, a driver refuses to allow a passenger to depart from a vehicle, the driver has committed the tort of false imprisonment because he or she unlawfully restrains freedom of movement. The driver has not committed false arrest, however, since he or she is not claiming to act under legal authority. A person who knowingly gives police false information in order to have someone arrested has committed the tort of Malicious Prosecution.

An action can be instituted for the damages ensuing from false arrest, such as loss of salary while imprisoned, or injury to reputation that results in a pecuniary loss to the victim. Ill will and malice are not elements of the tort, but if these factors are proven, Punitive Damages can be awarded in addition to Compensatory Damages or nominal damages.

false arrest n. physically detaining someone without the legal right to do so. Quite often this involves private security people, or other owners or employees of retail establishments who hold someone without having seen a crime commited in their presence or pretend that they are police officers. While they may be entitled to make a "citizen's arrest" they had better be sure that they have a person who has committed a crime, and they must call law enforcement officers to take over at the first opportunity. Other common false arrest situations include an arrest by a police officer of the wrong person or without probable cause to believe a crime has been committed and/or without a warrant. Only when the arresting party knowingly holds someone who has not committed a crime, is the false arrest itself a crime. However, probable false arrest can be the basis of a lawsuit for damages, including mental distress and embarrassment.

False Imprisonment The illegal confinement of one individual against his or her will by another individual in such a manner as to violate the confined individual's right to be free from restraint of movement.

To recover damages for false imprisonment, an individual must be confined to a substantial degree, with her or his freedom of movement totally restrained. Interfering with or obstructing an individual's freedom to go where she or he wishes does not constitute false imprisonment. For example, if Bob enters a room, and Anne prevents him from leaving through one exit but does not prevent him from leaving the way he came in, Bob has not been falsely imprisoned. An accidental or inadvertent confinement, such as when someone is mistakenly locked in a room, also does not constitute false imprisonment; the individual who caused the confinement must have intended the restraint.

False imprisonment often involves the use of physical force, but such force is not required. The threat of force or arrest, or a belief on the part of the person being restrained that force will be used, is sufficient. The restraint can also be imposed by physical barriers or through unreasonable duress imposed on the person being restrained. For example, suppose a shopper is in a room with a security guard, who is questioning her about items she may have taken from the store. If the guard makes statements leading the shopper to believe that she could face arrest if she attempts to leave, the shopper may have a reasonable belief that she is being restrained from leaving, even if no actual force or physical barriers are being used to restrain her. The shopper, depending on the other facts of the case, may therefore have a claim for false imprisonment. False imprisonment has thus sometimes been found in situations where a storekeeper detained an individual to investigate whether the individual shoplifted merchandise. Owing to increasing concerns over shoplifting, many states have adopted laws that allow store personnel to detain a customer suspected of shoplifting for the purpose of investigating the situation. California law, for example, provides that "[a] merchant may detain a person for a reasonable time for the purpose of conducting an investigation … whenever the merchant has Probable Cause to believe the person … is attempting to unlawfully take or has unlawfully taken merchandise" (Cal. Penal Code § 490.5 [West 1996]).

False arrest is a type of false imprisonment in which the individual being held mistakenly believes that the individual restraining him or her possesses the legal authority to do so. A law enforcement officer will not be liable for false arrest where he or she has probable cause for an arrest. The arresting officer bears the burden of showing that his or her actions were supported by probable cause. Probable cause exists when the facts and the circumstances known by the officer at the time of arrest lead the officer to reasonably believe that a crime has been committed and that the person arrested committed the crime. Thus, suppose that a police officer has learned that a man in his forties with a red beard and a baseball cap has stolen a car. The officer sees a man matching this description on the street and detains him for questioning about the theft. The officer will not be liable for false arrest, even if it is later determined that the man she stopped did not steal the car, since she had probable cause to detain him.

An individual alleging false imprisonment may sue for damages for the interference with her or his right to move freely. An individual who has suffered no actual damages as a result of an illegal confinement may be awarded nominal damages in recognition of the invasion of rights caused by the defendant's wrongful conduct. A plaintiff who has suffered injuries and can offer proof of them can be compensated for physical injuries, mental suffering, loss of earnings, and attorneys' fees. If the confinement involved malice or extreme or needless violence, a plaintiff may also be awarded Punitive Damages.

An individual whose conduct constitutes the tort of false imprisonment might also be charged with committing the crime of Kidnapping, since the same pattern of conduct may provide grounds for both. However, kidnapping may require that other facts be shown, such as the removal of the victim from one place to another.

False imprisonment may constitute a criminal offense in most jurisdictions, with the law providing that a fine or imprisonment, or both, be imposed upon conviction.

Can I Sue for False Arrest?If you were arrested or detained by the police or another person and you feel their actions were unjustified, is it possible to sue for false arrest? Under some circumstances, it is. Police misconduct does not always require a victim to receive a physical injury or suffer from police brutality. It can also be a case of infringement on one's individual civil rights. Even private citizens have been charged and found guilty of false arrest.More Help For False Arrest

What is False Arrest?The legal definition of false arrest is the unlawful restraint of a person's liberty without legal authority. This charge cannot only be leveled against police officers, but also private security agents or even individual citizens. In fact, the false arrest charges that most often find their way to court are made against private security agents.

The most important phrase in the definition of false arrest is "without legal authority". Even though some arrests may turn out to be unjustified, if they were made with legal authority, they cannot be classified as false arrests. For instance, it is legal for a police officer to arrest someone during the course of an investigation of a crime. If that suspect is later found innocent, that does not constitute false arrest. The arresting officer had the legal authority to make the arrest.

False arrest charges can be filed against private citizens if they wrongly detain someone by making a citizen's arrest. A citizen's arrest is only legal if that citizen actually witnessed the crime being committed and can positively identify the criminal. They are also required to call the legal authorities immediately to carry out a formal arrest. If the situation does not fit all of those criteria, the arresting citizen could be sued for false arrest.

It is rare for a police officer to actually be charged with false arrest. In order for that to happen, the police office must deliberately detain someone who did not commit a crime. For instance, if an officer were to detain a black shopper for no reason and had no real probable cause, the shopper could initiate a false arrest charge. He could possibly receive punitive damages on the grounds of discrimination if the court decides in favor of the shopper.

False Arrest For Free Speech

False Arrest is a Tort False arrest is considered a civil crime, otherwise known as a tort. This type of crime is classified as a misdemeanor. In some circumstances when a person was illegally confined, the charge can change to false imprisonment. If someone was illegally detained and transported, it can escalate to a charge of kidnapping. The burden of evidence is on the plaintiff, however, and the charge of false arrest is often difficult to prove.

If you believe you have been a victim of false arrest and want to file charges, you should seek the services of a tort lawyer who will look at the specifics of your case. The lawyer will be able to advise you if you have enough evidence to prove a false arrest charge. Although it is complex, if you can prove your case, you may be eligible to receive punitive damages.

A false arrest is a situation in which someone is detained unlawfully. Depending on the circumstances, a false arrest charge may be changed to a false imprisonment charge, in which someone is illegally confined, or a kidnapping, in which someone is detained and transported illegally. It can be difficult to prove a false arrest charge, but if the charge can be proved, sometimes it is possible to recover punitive damages from the arresting party.

False arrests are considered an example of a tort, a civil crime. They are usually classified as misdemeanors. The vast majority of false arrest charges which make their way to court are leveled against private security companies, who sometimes use threats or coercion to hold people. Rarely, a false arrest case can be brought against a police officer, and individual citizens are also liable to false arrest charges if they detain someone unlawfully.

In a false arrest, an arrest is made without legal authority. Some arrests turn out to be ill advised later, but they were made with legal authority, so they are not false arrests. For example, it is legal to arrest a felony suspect in the course of investigation; is the suspect later turns out to be innocent, the arrest is not considered false, because the arresting officer had reasonable suspicions about the suspect.

Private citizens do have the right to detain people who have committed certain crimes in some countries, and this is known as a citizen's arrest. In order for a citizen's arrest to be legal, the citizen must actually see the crime in progress, and positively identify the criminal. Furthermore, law enforcement must be called immediately to enact a formal arrest. Otherwise, a citizen may be liable to a false arrest charge.

In order for a police officer to be charged with a false arrest, he or she must knowingly detain someone who has not committed a crime. For example, if a policeman arrests the wrong person on a warrant, a false arrest charge could be a possibility. If a member of law enforcement detains a black shopper for no reason, the shopper could file a false arrest charge and potentially recover punitive damages for discrimination.

If someone believes that he or she has been detained unlawfully, it is a good idea to consult a tort lawyer who can examine the specifics of the case and determine whether a false arrest charge can be proved.



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