View source for False arrest

{{Short description|Unlawful arrest of an individual}}
{{For|the film|False Arrest (film)}}
{{Multiple issues|
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{{Tort law}}

'''False arrest''', '''unlawful arrest''' or '''wrongful arrest''' is a [[common law]] [[tort]], where a [[plaintiff]] alleges they were held in [[Arrest|custody]] without [[probable cause]], or without an order issued by a court of competent jurisdiction. Although it is possible to sue law enforcement officials for false arrest, the usual defendants in such cases are [[private security]] firms.

== United Kingdom ==
In the United Kingdom, a police officer may arrest a person if they are executing a warrant, if they have a "reasonable belief" that someone is involved in a criminal offence, or if they have a reasonable belief that someone is about to be involved in a criminal offence ''and'' it is necessary to arrest that person. Proof of wrongful arrest depends on proving that an officer did not have a reasonable belief and that it was not necessary to arrest someone.<ref>{{Cite web|title=What is wrongful arrest?|url=https://www.hudgellsolicitors.co.uk/questions-answers/what-is-wrongful-arrest/|access-date=2020-06-08|website=Hudgell Solicitors™|language=en-GB|archive-date=2020-06-08|archive-url=https://web.archive.org/web/20200608080106/https://www.hudgellsolicitors.co.uk/questions-answers/what-is-wrongful-arrest/|url-status=dead}}</ref>

Most cases where unlawful arrest was determined emerge from a claim that an arrest was unnecessary.<ref>{{Cite web|title=Unlawful arrest - inadequate grounds for suspecting person to be guilty of an offence|url=https://ukpolicelawblog.com/index.php/9-blog/204-unlawful-arrest-inadequate-grounds-for-suspecting-person-to-be-guilty-of-an-offence|access-date=2020-06-08|website=ukpolicelawblog.com|archive-date=2020-06-08|archive-url=https://web.archive.org/web/20200608080110/https://ukpolicelawblog.com/index.php/9-blog/204-unlawful-arrest-inadequate-grounds-for-suspecting-person-to-be-guilty-of-an-offence|url-status=dead}}</ref>

The specific legislation governing, in England and Wales, the reasons for which a police officer may arrest a person are in section 24 of the [[Police and Criminal Evidence Act 1984]].<ref>{{Cite web|title=When is an arrest unlawful?|url=https://www.saunders.co.uk/news/when-is-an-arrest-unlawful.html|access-date=2020-06-08|website=www.saunders.co.uk|date=29 June 2017|language=en-gb}}</ref><ref>{{Cite web|title=Police and Criminal Evidence Act 1984|url=http://www.legislation.gov.uk/ukpga/1984/60/section/120/data.htm|access-date=2020-06-08|website=www.legislation.gov.uk}}</ref>

Damages for unlawful arrest depend primarily on the time in custody and can be aggravated if the police acted maliciously.<ref>{{Cite web|title=Wrongful Arrest|url=https://www.drnlaw.co.uk/solicitors-for-you/wrongful-arrest/|access-date=2020-06-08|website=Donald Race & Newton Solicitors Burnley|date=3 October 2018 |language=en}}</ref>

== United States ==
{{More citations needed|section|date=July 2020}}
After an arrest, if the charges are dropped, a person will sometimes file legal action or a complaint against the appropriate arresting agency.
In most jurisdictions, the arrest powers of [[police]] and police agents are in excess of those afforded to ordinary citizens (see [[citizen's arrest]]). However, the powers of police officers to arrest are not unlimited. Generally speaking:

#Anyone may arrest a person if in possession of an [[arrest warrant]] issued by an appropriate court. In the United States, this includes [[bounty hunters]] (agents of [[Bail bondsman|bail bondsmen]]) acting under the authority of a [[bench warrant]] to bring a criminal defendant who has [[skipped bail]] to court for trial.
#A police officer, or a person authorized by a jurisdiction's police powers act, may arrest anyone whom the officer has [[probable cause]] to believe has committed any [[Crime|criminal]] offence. However, in the case of a [[misdemeanour]], [[summary conviction]] offence, or non-criminal offence (such as a municipal [[by-law]] offence) the officer may arrest the suspect only long enough to [[Identification of human individuals|identify]] the suspect and give the suspect a [[summons]] to appear in court, unless there is reason to believe they will not appear in answer to the summons.
#Any person may arrest someone suspected of committing a [[felony]] or [[indictable offence]], as long as the arresting person believes the suspect is attempting to flee the scene of the felony. A person cannot be arrested on suspicion of committing a felony well after the fact unless the arresting officer possesses an arrest warrant.

===Citizens and businesses===
Most cases of false arrest involve accusations of [[shoplifting]], and are brought against [[security guards]] and retail stores. A guard cannot arrest someone merely on the suspicion that person is going to commit a theft. In most jurisdictions, there must be some proof that a criminal act has ''actually'' been committed. For example, a guard does not have reasonable and probable cause if a shopper has not yet paid for merchandise they are carrying in the belief that the person intends to leave without making payment.  Instead, there must be an actual act committed{{spaced ndash}}the person ''must'' make an actual attempt to leave the store without paying for the merchandise.

===Police officers===
In the United States and other jurisdictions, police officers and other government officials are liable for clear deprivation of rights,<ref>{{cite web |url=https://www.law.cornell.edu/uscode/text/42/1983 |title=42 U.S. Code § 1983 - Civil action for deprivation of rights |quote=Every person who, under color of any statute, ordinance, regulation, custom, or usage, of any State or Territory or the District of Columbia, subjects, or causes to be subjected, any citizen of the United States or other person within the jurisdiction thereof to the deprivation of any rights, privileges, or immunities secured by the Constitution and laws, shall be liable to the party injured in an action at law, suit in equity, or other proper proceeding for redress, except that in any action brought against a judicial officer for an act or omission taken in such officer’s judicial capacity, injunctive relief shall not be granted unless a declaratory decree was violated or declaratory relief was unavailable. For the purposes of this section, any Act of Congress applicable exclusively to the District of Columbia shall be considered to be a statute of the District of Columbia.}}</ref> but are partially shielded from false arrest lawsuits through the doctrine of [[qualified immunity]], when such a violation qualifies as "not obvious," by a [[US Supreme Court]] test.<ref>{{cite web |url=https://supreme.justia.com/cases/federal/us/457/800/case.html |title= Harlow v. Fitzgerald, 457 U.S. 800 |year=1982 |publisher=US Supreme Court }}</ref>  This doctrine can protect officials from liability when engaged in legal grey areas including qualifying discretionary actions in the arrests of suspects.  However, the officer's actions must still not violate "clearly established law," or this protection is void.  This includes executing an arrest warrant against the wrong person. False statements by public servants to justify or cover up an illegal arrest are another violation of federal law.<ref>{{cite web |url=https://www.law.cornell.edu/uscode/text/18/1001 |title=18 U.S. Code § 1001 - Statements or entries generally |quote=a) Except as otherwise provided in this section, whoever, in any matter within the jurisdiction of the executive, legislative, or judicial branch of the Government of the United States, knowingly and willfully— (1) falsifies, conceals, or covers up by any trick, scheme, or device a material fact; (2) makes any materially false, fictitious, or fraudulent statement or representation; or (3) makes or uses any false writing or document knowing the same to contain any materially false, fictitious, or fraudulent statement or entry; shall be fined under this title, imprisoned not more than 5 years or, if the offense involves international or domestic terrorism (as defined in section 2331), imprisoned not more than 8 years, or both. If the matter relates to an offense under chapter 109A, 109B, 110, or 117, or section 1591, then the term of imprisonment imposed under this section shall be not more than 8 years.}}</ref>

An example of this doctrine being tested is ''Sorrell v. McGuigan'' ([[4th Cir.]] 2002).  A police officer (McGuigan) detained a man shopping at a mall (Sorrell) based on the description of a suspect who had committed a theft at a store nearby, and proceeded to [[Terry stop|search him for weapons]].  The store owner who reported the theft arrived at the scene and stated Sorrell and his friends were not the ones who had stolen from him.  However, the officer still arrested Sorrell for possession of a concealed weapon, because he was carrying a folding knife with a 3 inch long blade in his pocket.  In Maryland, non-automatic folding knives are not considered weapons under state law regardless of their length, and the lack of length limit had been upheld multiple times in the state's [[Maryland Court of Appeals|highest court]].  However, the officer erroneously believed the knife to be a weapon.  Sorrell was released immediately after booking and was never prosecuted as there was technically no crime, and sued the police officer for false arrest.  The officer's qualified immunity was denied by the court, and this decision was upheld in the US Court of Appeals.<ref>{{cite web |url=https://www.ca4.uscourts.gov/opinions/Unpublished/011565.U.pdf |title=Sorrell v. McGuigan  |work=United States Court of Appeals for the Fourth Circuit |access-date=2008-07-22}}</ref>

===Bounty hunters===
[[Bounty hunter]]s have been subject to suits for false arrest after attempting to execute [[bench warrant]]s outside of the [[United States]], where they have no extra powers beyond those of ordinary citizens and only police officers may execute warrants. In at least two prominent cases, bounty hunters were charged with [[kidnapping]] after taking custody of a bail jumper outside of the United States and bringing them back to the court that issued the warrant. One of them, [[Daniel Kear]], was extradited from the US and convicted.<ref>{{cite web |url=http://writ.news.findlaw.com/commentary/20030710_covey.html |title=The Perils of Bounty Hunting: Duane Lee "Dog" Chapman's Possible Extradition Fight |work=FindLaw |access-date=2010-08-29}}</ref>

There have been some cases where police officers or bounty hunters have executed valid arrest warrants against the wrong person. Although many false arrest suits result in only [[nominal damages]], such mistakes usually result in large awards against the arresting officers.

===Resisting unlawful arrest===
{{see also|Use of force}}
Individuals who realize that they are the target of false arrest might attempt to resist or flee. Fourteen U.S. states{{which|date=July 2020}} {{as of|2012|lc=yes}} recognize the target's [[right of self-defense]] so as to resist unlawful arrest.{{citation needed|date=July 2020}} Typically, this ''only'' applies when:
* the arresting officer used more force than necessary to effect the arrest, ''and''
* the resistance is ''only'' to such an extent as necessary to protect oneself from great bodily harm or death.<ref>{{Cite court|litigants=[[Plummer v. State]] |vol=34 |reporter=N.E. |opinion=968 |court=Ind. |date=1893 |access-date=14 October 2015 }}</ref>

In such jurisdictions – and under the narrowly defined circumstances described above – resisting unlawful arrest may be used as a [[Justification (jurisprudence)|justification]] for such resistance where it would otherwise be a crime (i.e. [[resisting arrest]], flight to avoid prosecution, [[assault]], etc.). There are rare cases in which a murder charge had been reduced to [[manslaughter]] for this reason.

Justification for such action is often hard to prove in court, and only justified in certain circumstances.  Simple [[mistake of fact]] situations would generally not warrant attempting to elude law enforcement.  However, there are some that would, such as:
*the person making the arrest never identifying themselves, causing the defendant to believe they are the target of [[kidnapping]] or [[robbery]].
*the reasonable belief that the person making the arrest is an [[impersonator]] with the intent of victimizing the defendant.

== Other countries ==
{{expand-section|date=April 2025}}
Former Iraqi president and dictator Saddam Hussein subjected people to arbitrary arrest, including people in Kuwait during the First Gulf war. Saudi Arabia and Iran also do similar things.<ref>{{Cite web |title=Saudi Arabia: arrests of dissidents and torture allegations continue {{!}} Saudi Arabia {{!}} The Guardian |url=https://www.theguardian.com/world/2019/nov/04/saudi-arabia-mass-arrests-of-dissidents-and-torture-allegations-continue |access-date=2023-09-15 |website=amp.theguardian.com|date=4 November 2019 |last1=Safi |first1=Michael }}</ref><ref>{{Cite magazine |last=Kelly |first=Michael |date=1991-03-24 |title=The Rape and Rescue of Kuwaiti City |magazine=The New Republic |url=https://newrepublic.com/article/76724/rape-rescue-kuwait-iraq-saddam-hussein |access-date=2023-09-15 |issn=0028-6583}}</ref><ref>{{Cite news |date=2022-06-16 |title=Jamal Khashoggi: Saudi embassy street in US renamed after murdered journalist |language=en-GB |work=BBC News |url=https://www.bbc.com/news/world-middle-east-61831193 |access-date=2023-09-15}}</ref><ref>{{Cite news |date=2023-04-25 |title=Iran protests: Secret committee 'punished celebrities over dissent' |language=en-GB |work=BBC News |url=https://www.bbc.com/news/world-middle-east-65373847 |access-date=2023-09-15}}</ref><ref>{{Cite web |last=Frater |first=Mostafa Salem,Catherine Nicholls,James |date=2023-05-26 |title=Belgian aid worker jailed in Iran is freed after prisoner swap deal |url=https://www.cnn.com/2023/05/26/world/belgium-iran-prisoner-swap-intl/index.html |access-date=2023-09-15 |website=CNN |language=en}}</ref>

==See also==
*[[Arrest quota]]
*[[Arbitrary arrest and detention]]
*[[False imprisonment]]

==References==
{{Reflist}}

{{Miscarriage of Justice}}

{{DEFAULTSORT:False Arrest}}
[[Category:Tort law]]
[[Category:Law enforcement terminology]]
[[Category:Criminal law]]
[[Category:Abuse of the legal system]]
[[Category:Police misconduct]]
[[Category:Arrests]]