Criminal Damages - False Arrest

Define False Arrest

A false arrest is the illegal physical detention of an individual without reason or clear evidence. Usually, false arrest is committed by an employee in a business or retail environment, a security guard or someone impersonating a police officer.

False Arrests made by Citizens

False arrest can occur under the pretense of a citizen’s arrest. When citizens unrelated to law enforcement officials can detain people committing crimes, it is considered false arrest. However, the person who is committing the arrest must actually see a felony crime occurring in order to make the arrest.

A citizen's arrest may also occur due to the order of police officers or other law enforcement officials. People who make a citizen's arrest must inform the appropriate law enforcement agency as soon as possible. The citizen's arrest may become an illegal or false arrest if the person making the arrest fails to inform law enforcement within a reasonable amount of time.

False arrest is definitely occurring if the citizen makes the arrest knowing that the victim has not committed a crime. Typically, false arrests result in severe consequences for the victim. False arrest borders on kidnapping when one is being held without reason or cause and against one’s will.

If citizens do not actually witness a felony crime, they may not detain anyone even if they are positive that the other person committed a crime; this is also considered false arrest.

False Arrests made by Law Enforcement

The police can also instigate false arrest crimes. However, the police have a different set of elements that constitute a false arrest.

Elements of false arrests by law enforcement include:

An arrest may only be made by a police officer if the officer has sincere reason to believe that a criminal offense has been committed by the individual. A police officer cannot arrest someone suspected of committing a misdemeanor crime or other minor infraction of the law.

However, if the officer has reason to believe that the individual will not appear in court, the police officer can then hold that person for the crime. In this case, however, the officer must prove their case to superiors and court officials; otherwise, this too may be a case of false arrest.

Also see:
False Arrest Lawsuits : Malicious Prosecution

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