Legal Definitions - false arrest

A false arrest occurs when one person restrains or detains another without a valid reason or legal authority to do so. This can happen when someone is arrested without probable cause or a valid arrest warrant. False arrest is also known as false imprisonment and is usually considered a misdemeanor offense.

Some jurisdictions differentiate between false arrest and false imprisonment. False arrest requires the arresting party to have asserted legal authority to make arrests, while false imprisonment can occur with or without a claim of authority.

False arrest can happen to anyone, whether by a private individual or a government official. The offender does not need to have malicious intent to be guilty of the offense. Even if they honestly believe they have the authority to make an arrest, they can still be found guilty.

Police officers are generally immune to false arrest claims due to qualified immunity.

• A store security guard detains a customer without any evidence of theft.
• A police officer arrests someone without a warrant or probable cause.
• A landlord locks a tenant in their apartment as punishment for not paying rent.

These examples illustrate false arrest because in each case, the person was restrained or detained without a valid reason or legal authority. The security guard had no evidence of theft, the police officer had no warrant or probable cause, and the landlord had no legal authority to lock the tenant in their apartment.