False Arrest

False arrest is a type of “false imprisonment” in which a person is detained without his or her consent and without legal authority. A false arrest is a tort (civil crime). A civil action can be brought for damages resulting from a false arrest. Most claims of false arrest are leveled against private security companies, whose employees sometimes use force or threats to detain people. It is unusual to bring a false arrest claim against a police officer because officers rely on probable cause for an arrest.

Many claims of false arrest involve the detention of shoplifters. Due to growing concerns over shoplifting, many states have enacted laws that allow merchants to detain customers suspected of shoplifting for the purpose of investigating the situation. In California, merchants are allowed to detain people for a reasonable time for the purpose of investigation when the merchant has probable cause to believe the person is attempting to steal or unlawfully take merchandise from the store. (California Penal Code Section 490.5) See also False Imprisonment.

The difference between a false arrest and false imprisonment lies in the fact that the false arrest generally involves a brief detention while the false imprisonment involves an unlawful restraint that substantially interferes with the personal liberty of another.