false arrest

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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. (See: false imprisonment)

false arrest

noun bogus arrest, illegal detainment, illegal placement in confinement, improper arrest, improper captivity, improper commitment to prison, improper confineeent, improper constraint, improper deprivation of liberty, improper imprisonment improper incarceration, improper legal restraint, improper placement into protective custody, improper restraint, improper seizure, wrong capture, wronggul placement into custody
References in periodicals archive ?
On that point, Christophe Regnard, the head of the European Association of Judges (EAJ), which is a member of the International Association of Judges (IAJ) and represents 44 member associations throughout Europe, deserves credit for bringing the case of the unlawful arrest of Judges Euzcelik and Baser to the global agenda.
Both men are taking the civil action, claiming unlawful arrest, false imprisonment and trespass, their lawyers said.
Only EUR158,034 actually went to victims of police wrongdoing in cases involving assaults, unlawful arrest and malicious prosecution.
unlawful arrest and other breaches of international law.
Aqiil is a prisoner of conscience and her unlawful arrest must be rejected," she added.
According to the press service of the Prosecutor General's Office Kyrgyzstan, in 2010 prosecutors of Jalal-Abad and Osh regions and Osh city, registered 14 complaints for allegations of torture, unlawful arrest, detention, violations of due process by the law enforcement officers.
Moreno-Ocampo said he would continue to investigate different forms of persecution against civilians in Tripoli and other areas, as well as rape and the unlawful arrest, mistreatment and killings of sub-Saharan Africans wrongly perceived to be mercenaries.
On the police station steps, Nadir said: "Unfortunately, I have been a victim of an unlawful arrest, claiming that I had broken my bail conditions.
Speaking on the police station steps, Nadir said: "Unfortunately, I have been a victim of an unlawful arrest, claiming that I had broken my bail conditions.
The concern among senior officers and counter terrorism officials is that the men could try to take legal action against the Met for unlawful arrest and detention.
The two are charged with unlawful arrest of Said, as well as employing cruel and unusual measures, the daily reported.
The prosecution has said it wants the charges changed from use of excessive force and unlawful arrest to murder.