Search results
Mar 22, 2017 · A false arrest is an arrest that is made without a warrant, or without probable cause. It is possible to sue law enforcement officials for false arrest. However, those who are typically sued for false arrest include businesses, private citizens, private security, or bounty hunters.
May 6, 2024 · What Is a False Arrest? A false arrest is an arrest made without legal justification. An arrest that lacks probable cause meets this standard. An officer might lack probable cause because: The officer was dishonest: Sometimes, officers plant evidence, fabricate facts, or lie on warrant applications. If these lies influenced the finding of ...
- www.nolo.com
- › …
- › Personal Injury
- › Intentional Torts
False arrest (sometimes called "wrongful arrest" or "unlawful arrest") is the unlawful restraint of a person's freedom of movement. It happens when one person holds another person (the "arrestee") without the arrestee's consent and without legal justification.
A false arrest is the restraint or detention by one person of another without lawful justification (probable cause or a valid arrest warrant) under an asserted legal authority to enforce the process of the law.
False arrest, unlawful arrest or wrongful arrest is a common law tort, where a plaintiff alleges they were held in custody without probable cause, or without an order issued by a court of competent jurisdiction.
- www.criminaldefenselawyer.com
- › …
- › Arrests: Your Rights and the Law
False arrest, sometimes known as false imprisonment or wrongful arrest, occurs when someone wrongfully holds you against your will or takes you into custody. Both private persons and law enforcement agents can commit this crime when they act beyond or outside of the scope of their authority.
- www.justia.com
- › …
- › Intentional Torts and Personal Injury Lawsuits
Oct 18, 2023 · False Arrest Claims in Personal Injury Law. Often overlapping with false imprisonment, the intentional tort of false arrest involves someone being held against their will or taken into custody without consent or a legal justification. This can give rise to a civil claim for damages.
- www.alllaw.com
- › …
- › Personal Injury
- › Intentional Torts
Any time a false arrest has been committed, so has false imprisonment, and so a person who has suffered harm as a result can file an intentional tort personal injury claim against those who are responsible.
- supreme.findlaw.com
- › Legal Commentary
On November 6, the U.S. Supreme Court will hear argument in Wallace v. City of Chicago. The case addresses the question of precisely when a plaintiff may no longer bring a lawsuit against the police for arresting him in violation of the Fourth Amendment.
This article will explain the legal claim of false arrest, sometimes called “wrongful arrest” or “false imprisonment,” and the differences between claims brought under state and federal law.
