Dictionary of Law
A B C D E F G H I J K L M N O P Q R S T U V W X Y Z

false arrest :: legal definition


False arrest - n. physically detaining someone without the legal right to do so. Quite often this involves private security people or other owners or employees of retail establishments who hold someone without having seen a crime committed in their presence or pretend that they are police officers. While they may be entitled to make a "citizen's arrest" they had better be sure that they have a person who has committed a crime, and they must call law enforcement officers to take over at the first opportunity. Other common false arrest situations include an arrest by a police officer of the wrong person or without probable cause to believe a crime has been committed and/or without a warrant. Only when the arresting party knowingly holds someone who has not committed a crime, is the false arrest itself a crime. However, probable false arrest can be the basis of a lawsuit for damages, including mental distress and embarrassment.

See also: false imprisonment and Related Law Terms ↓


Related Law Terms

abuse of discretion :: n. a polite way of saying a trial judge has made s ... partner's realistic ability to pay.
accomplice :: n. someone who assists in the commission of a crim ... cipal criminal. See also: accessory
after-acquired property :: n. 1) personal or real property acquired by a debt ... lso: bankruptcy secured transaction
arrest :: v. 1) to take or hold a suspected criminal with le ... anda warning probable cause warrant
arrest warrant :: n. a judge's order to law enforcement officers to ... ommitted a crime. See also: warrant
attempt :: v. and n. to actually try to commit a crime and ha ... felt he tried but did not succeed.
burglary :: n. the crime of breaking and entering into a struc ... le. See also: breaking and entering
civil :: adj. 1) that part of the law that encompasses busi ... also: civil liberties civil rights
constitutional rights :: n. rights given or reserved to the people by the U ... e also: Bill of Rights constitution
corporation :: n. an organization formed with state governmental ... ation public corporation securities
ex post facto :: adj. Latin for "after the fact," which refers to l ... ted before the new law was adopted.
extradition :: n. the surrender by one state or country of a pers ... ty. See also: fugitive from justice
false imprisonment :: n. depriving someone of freedom of movement by hol ... for damages. See also: false arrest
forgery :: n. 1) the crime of creating a false document, alte ... See also: counterfeit forger fraud
fraud :: n. the intentional use of deceit, a trick or some ... audulent conveyance intrinsic fraud
incest :: n. sexual intercourse between close blood relative ... ily genes carrying such weaknesses.
incorporate :: v. 1) to obtain an official charter or articles of ... te by reference incorporation stock
incriminate :: v. to make a statement in which one admits that he ... d to information which would be so.
indictment :: n. a charge of a felony (serious crime) voted by a ... ictable offense preliminary hearing
information :: n. an accusation or criminal charge brought by the ... Jury indictment preliminary hearing
insanity :: n. mental illness of such a severe nature that a p ... M'Naughten rule temporary insanity
interest :: n. 1) any and all, partial or total right to prope ... nal property real property standing
jurisdiction :: n. the authority given by law to a court to try ca ... Superior Court Supreme Court venue
kidnapping :: (also spelled kidnaping) n. the taking of a person ... but now applies to adults as well.
lineup :: n. a law enforcement method used in an attempt to ... entification is precarious at best.
marshal :: 1) n. a federal court official who may serve paper ... tablish priorities among creditors.
murder :: n. the killing of a human being by a sane person, ... premeditation second degree murder
negligence :: n. failure to exercise the care toward others whic ... gence per se res ipsa loquitur tort
no fault insurance :: n: a type of automobile insurance required of car ... ling lawsuits. See also: negligence
not guilty :: n. 1) plea of a person who claims not to have comm ... t guilty by reason of insanity plea
officer of the court :: n. any person who has an obligation to promote jus ... also: attorney bailiff clerk judge
own recognizance :: (O.R.) n. the basis for a judge allowing a person ... n recognizance. See also: bail O.R.
pardon :: 1) v. to use the executive power of a Governor or ... also: amnesty commutation reprieve
perjury :: n. the crime of intentionally lying after being du ... ly made a mistake or misunderstood.
police powers :: n. from the 10th Amendment to the Constitution, wh ... host of state regulatory statutes.
principal :: n. 1) main person in a business. 2) employer, the ... ry agency agent respondeat superior
probable cause :: n. sufficient reason based upon known facts to bel ... of Rights search search and seizure
probate :: 1) n. the process of proving a will is valid and t ... e also: administrator executor will
promissory note :: n. a written promise by a person (variously called ... lso: interest obligee obligor usury
record :: 1) v. (ree-cored) to put a document into the offic ... eeding race to the courthouse trial
resisting arrest :: n. the crime of using physical force (no matter ho ... referred to merely as "resisting."
riot :: n. 1) technically a turbulent and violent disturba ... to unlawful possession of firearms.
roadside test :: n. a preliminary test law enforcement officers use ... g while intoxicated Miranda warning
search :: v. 1) to examine another's premises (including a v ... e search and seizure search warrant
search and seizure :: n. examination of a person's premises (residence, ... robable cause search search warrant
search warrant :: n. a written order by a judge which permits a law ... ble cause search search and seizure
sentence :: 1) n. the punishment given to a person convicted o ... ence restitution suspended sentence
sheriff :: n. the top law enforcement officer for a county, u ... ." See also: bailiff sheriff's sale
stop and frisk :: n. a law enforcement officer's search for a weapon ... h search and seizure search warrant
theft :: n. the generic term for all crimes in which a pers ... rglary embezzlement larceny robbery
tort :: n. from French for "wrong," a civil wrong or wrong ... nce slander trespass wrongful death
trust :: n. an entity created to hold assets for the benefi ... testamentary trust trustee trustor
vehicular manslaughter :: n. the crime of causing the death of a human being ... gence manslaughter reckless driving
warrant :: 1) n. an order (writ) of a court which directs a l ... e search and seizure search warrant
will :: n. a written document which leaves the estate of t ... will and testament probate testator
withdrawal :: n. 1) in criminal law, leaving a conspiracy to com ... count. See also: check renunciation

Popular Law Searches

legal definition ministerial act :: n. an act, particularly of a governmental employee ... exercising any individual judgment.
chancery legal definition :: n. a court that can order acts performed. Today ch ... ts in most states. See also: equity
testamentary disposition legal definition :: n. how the terms of a will divide the testator's ( ... named beneficiaries. See also: will
contract of sufferance :: n. a "hold-over" tenancy after a lease has expired ... y tenancy at will unlawful detainer
forthwith legal definition :: adv. a term found in contracts, court orders and s ... mediacy, with no excuses for delay.
forthwith definition legal :: adv. a term found in contracts, court orders and s ... mediacy, with no excuses for delay.
what is to wit in a legal contract :: prep. that is to say. Example: "the passengers in ... tty Bumgartner and Sherry Younger."
mirror wills legal definition :: n. the wills of a husband and wife which are ident ... d each names the other as executor.
clean hands doctrine latin :: n. a rule of law that a person coming to court wit ... ices. See also: affirmative defense
sine qua non only relates to contract law :: (see-nay kwah nahn) prep. Latin for "without which ... qua non of the injury to Playmate.

Other Law Terms - F

face amount :: n. the original amount due on a promissory note or ... rein, without calculating interest.
face value :: n. in shares of stock, the original cost of the st ... on the certificate, or "par value."
fact :: n. an actual thing or happening, which must be pro ... dge if he/she sits without a jury).
fact finder (finder of fact) :: n. in a trial of a lawsuit or criminal prosecution ... n facts. See also: question of fact
factor :: n. 1) a salesman who sells in his/her own name on ... ing that contributes to the result.
failure of consideration :: n. not delivering goods or services when promised ... n. See also: consideration contract
failure of issue :: n. when someone dies leaving no children or other ... ildren or other direct descendants.
fair comment :: n. a statement of opinion (no matter how ludicrous ... amation libel public figure slander
fair market value :: n. the amount for which property would sell on the ... so: appraise appraiser market value
fair trade laws :: n. state laws which permit manufacturers or produc ... state constitutions in many states.
fair use :: n. the non-competitive right to use of copyrighted ... for a royalty. See also: copyright
false arrest :: n. physically detaining someone without the legal ... sment. See also: false imprisonment
false imprisonment :: n. depriving someone of freedom of movement by hol ... for damages. See also: false arrest
false pretenses :: n. the crime of knowingly making untrue statements ... orm of theft. See also: fraud theft
family :: n. 1) husband, wife and children. 2) all blood rel ... ting this economic and social unit.
family purpose doctrine :: n. a rule of law that the registered owner of an a ... riving his/her car with permission.
federal courts :: n. the court system which handles civil and crimin ... rans' appeals. See also: bankruptcy
federal question :: n. one basis for filing a lawsuit in federal distr ... ves the federal court jurisdiction.
Federal Tort Claims Act :: n. a statute (1948) which removed the power of the ... diction to federal district courts.
fee :: n. 1) absolute title in land, from old French, fie ... See also: attorney's fee fee simple