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False arrest is the detention or arrest of an individual without reasonable or probable cause by someone with legal authority. The plaintiff must prove the arrest was wrongful and the defendant responsible. Police and civilians can make arrests under certain circumstances, using reasonable force. False detention is a broader category that includes any reduction of freedom. Defenses against false detention include self-defense or lawful arrest. Some false arrest suits may be barred by immunity or family relationships.
False arrest is the wrongful detention or arrest of an individual without reasonable cause or probable cause. A false arrest must be committed by someone purportedly acting with legal authority, such as a police officer, while false incarceration can refer to any unlawful restraint or confinement. A plaintiff in a false arrest case must prove that he was arrested or held against her will and that the defendant was responsible for that detention. The defendant in a false arrest case has the burden of proving that you had reasonable and sufficient grounds to believe that the plaintiff had committed a crime. The existence of probable cause or the plaintiff’s voluntary consent to internment invalidates the application for false arrest.
A police bid has the authority to make an arrest under certain circumstances. If the officer has an adequate warrant to arrest an individual, he can proceed with the arrest. For a misdemeanor arrest, the officer must have a reasonable belief that the person he is arresting has committed a felony and must use reasonable force in making the arrest.
Lethal force is permitted to protect the life of the officer or the life of innocent bystanders. For a misdemeanor arrest, the officer must either testify to the crime or believe that the crime disturbs the peace or disrupts order. He must also use only reasonable force to make the arrest.
Private citizens can also make civilian arrests under the same circumstances as the police officer. They are held to the same standards of reasonable grounds for arrest and rational use of force. Citizens can only make civilian arrests if they witness the crime and make the arrest either directly or after a re-chase. They are also able to detain disturbed or mentally ill individuals if such individuals appear to pose a threat to themselves or others. False arrest statements cannot be successfully proven under these circumstances.
False arrest is a subcategory of false detention, which can concern any circumstance in which an actor suffers a reduction of his freedom, even without physical restrictions or formal walls. Some celebrities have successfully sued for false detention when paparazzi obstructed their shopping, driving, or entering a building. Possible defenses against a false detention charge are that the seizure was in self-defense or property defense, a stolen property investigation, or as part of a lawful arrest. Additionally, some false arrest suits may be barred when the defendant has sovereign, official, or charitable immunity, or when the defendant is a family member of the plaintiff.
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