Define: False Arrest

False Arrest
False Arrest
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Quick Summary of False Arrest

False arrest occurs when an individual is unlawfully detained or held against their will by law enforcement officers or other authorities without legal justification or probable cause. It involves the deprivation of a person’s freedom of movement or liberty without lawful authority, typically in the absence of a valid warrant or legal basis for the detention. False arrest is a violation of the individual’s constitutional rights, particularly the Fourth Amendment protection against unreasonable searches and seizures. Victims of false arrest may have legal recourse to seek damages for the violation of their civil rights, including compensation for any injuries, emotional distress, or loss suffered as a result of the wrongful detention. Law enforcement officers and other authorities may be held liable for false arrest if they act beyond the scope of their authority or in violation of established legal standards governing arrests and detentions.

What is the dictionary definition of False Arrest?
Dictionary Definition of 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 committed 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.
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This site contains general legal information but does not constitute professional legal advice for your particular situation. Persuing this glossary does not create an attorney-client or legal adviser relationship. If you have specific questions, please consult a qualified attorney licensed in your jurisdiction.

This glossary post was last updated: 29th March, 2024.

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