A false arrest, sometimes called unlawful detainment, is the act of confining someone without probable cause or legal justification. False arrests are serious issues. Those who make a false arrest, depriving someone of their freedom without just cause, can be sued by the person detained or even face criminal charges.
In the case of police officers, they cannot arrest a suspect unless they have “probable cause” to do so or they have been issued a warrant in connection with an ongoing investigation.
What Is Probable Cause?
For an arrest by law enforcement to be valid under the law, police officers need to have probable cause for the arrest. Probable cause is a reasonable belief that a crime has occurred and that the person detained is the one who committed the crime. The usual definition of probable cause comes from a U.S. Supreme Court case: “Whether at the moment of the arrest, the facts and circumstances within an officer’s knowledge and of which they had reasonably trustworthy information are sufficient to warrant a prudent person in believing that the suspect had committed or was committing an offense.”
In a criminal trial, the proof offered by the prosecution must meet a difficult standard: whether it indicates, beyond a reasonable doubt, that the defendant committed the crime. Probable cause doesn’t require absolute proof or evidence strong enough to meet the trial standard. It only has to establish that facts and information would lead a reasonable person to conclude a crime has been committed by the person detained.
Is it a False Arrest if I Didn’t Commit the Crime?
People are often arrested in connection with an investigation and are later released. The arrest is permitted as long as the officer has probable cause at the time of the arrest. While law enforcement does not have absolute arrest power, it is presumed to have the authority to arrest you based on probable cause. So long as the officer had probable cause, it doesn’t matter whether you actually committed the crime or not.
What Types of Suits Can I Bring Against Law Enforcement for False Arrest?
If you are the victim of a false arrest by the police, you may choose to sue individual police officers and/or the city or county they work for. You can make your claim if you can establish their misconduct resulted in the deprivation of your constitutional right to freedom. Claims for false arrest often include related claims for harassment, discrimination, use of excessive force, or wrongful death.
Typically, you must go through administrative channels before taking your case to court. Note as well that immunity policies may limit your suit against law enforcement. Consult with an expert in your jurisdiction to learn more.
Can Ordinary Citizens Be Charged with False Arrest?
This depends on your jurisdiction. For instance, in some states, a mall security guard may have limited authority to detain you if you are caught shoplifting physically. This may happen if they have probable cause that you committed the crime and they reasonably believe they can recover the property you stole by detaining you.
In addition, a citizen’s arrest may be allowed when they have observed a crime in progress, where necessary, to prevent harm to someone else or the perpetrator from eluding the police. A citizen’s arrest occurs when an ordinary citizen stops and detains a criminal until the police arrive to make an official arrest.
A citizen can only make an “arrest” if the crime just occurred and is a felony or a breach of the peace. Citizen’s arrests allow a private individual to have the power to arrest without a warrant by detaining criminals and then directing a police officer to detain and arrest the criminal formally.
The crime does not have to take place in front of the arresting citizen, but the citizen must have a reasonable belief that a felony was committed and must have knowledge of who committed the crime. Citizen’s arrests are subject to lower constitutional requirements since they are not government actions.
Can I Sue a Civilian in Civil Court for False Arrest?
If a citizen makes an improper arrest of you, you have the right to bring a civil lawsuit against the citizen. Most state laws recognize the tort of false imprisonment, which allows someone to sue for their discomfort if they are unjustifiably held against their will. The citizen may also face criminal charges for unlawful restraint if the arrest is improper.
If you file a lawsuit in these scenarios, you must establish that you were forcibly restrained without legal authorization or consent. Concerning being physically detained, note that it isn’t necessary to prove that you were tied up or a restraint was used. Using threats or being forcibly prevented from moving freely can be considered sufficient based on the circumstances.
What Kind of Damages Can I Receive?
You can receive any damages allowed in civil suits in your jurisdiction. This includes medical expenses, lost wages, pain and suffering, defamation or embarrassment, and punitive damages.
Remember, law enforcement may have limited immunity, impacting the type and amount of damages you may be awarded. In general, governmental immunity protects the government’s performance of core governmental functions, including providing public safety.
For example, police officers may be immune from being sued for injuries that transpired while carrying out their duties as long as they acted within the scope of their employment and did not engage in any willful or intentional misconduct.
However, there are limitations to governmental immunity. For example, immunity may not apply when a government employee acts outside the scope of their employment. Government immunity also does not apply to constitutional violations or intentional torts, such as assault or battery, that government officials or employees commit. False arrest is indeed an intentional tort.
What Are Some Examples of False Arrest?
Whether a security guard, law enforcement, or a private citizen carrying out a citizen’s arrest, persons making a citizen’s arrest can be held liable for taking such action without legal justification.
Many circumstances can give rise to a false arrest claim against a police officer or the city or county they work for. For example, an arrest is false if law enforcement takes into custody because of your age, race, religion, ethnicity, or gender. Also, you cannot be detained just because law enforcement doesn’t like how you look, you are in a high crime area, or they wish to harass you.
Other examples of false arrest include:
- An individual gets into an argument with their spouse and wants to leave their home, but their spouse prevents them from leaving
- An individual builds some type of barricade so that another person cannot leave their house or other space
- One individual prevents another person from exiting a commercial space when they want to leave. This often happens with mall security guard cases. Mall security are not police officers. They only have a limited right to detain you and cannot use excessive force to hold you.
- One individual blocks another person’s car so they cannot exit a parking lot
- An individual ties another person to a chair. Even grabbing an individual’s arm to prevent them from leaving their presence can be considered false imprisonment.
Should I Contact a Criminal Lawyer for Help with a False Arrest Issue?
To be falsely arrested can be frustrating and embarrassing. You may even suffer physical injuries because of being falsely detained. If you want to learn more about what you can do if you are the victim of a false arrest, contact a local criminal defense lawyer.
A qualified lawyer can tell you who you may name in your lawsuit and what damages you may be entitled to claim in your suit.
