false arrest

In one sentence

An unlawful arrest made without proper legal authority, probable cause, or a valid warrant.

Plain English

False arrest occurs when someone is detained or arrested without legal justification. This can happen when police lack probable cause to believe a crime was committed, when they arrest someone based on mistaken identity, or when they violate proper arrest procedures. A false arrest violates a person's constitutional rights and can result in civil liability—meaning the arrested person can sue for damages. The arrest doesn't have to involve physical force; even being unlawfully detained counts as false arrest.

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Example

Police arrest a man at his home based on a tip that he robbed a store, but later discover the actual robber was someone else entirely. The arrested man had an alibi and no evidence connected him to the crime. He can sue the police department for false arrest and seek compensation for damages.

Used in a sentence

“The plaintiff won her false arrest lawsuit and received $100,000 in damages from the city.”

Related terms

Search Warrant

A court order allowing police to search a specific place for evidence.

Miranda Rights

Rights that police must inform a suspect of before custodial interrogation, including the right to remain silent and right to counsel.

Probable Cause

Reasonable grounds to believe a person committed a crime or evidence exists.

defendant

The person accused of a crime in a criminal case or sued in a civil case.

Restitution Damages

Compensation that returns to you the value of a benefit the other party received from you.

Stand Your Ground

A law allowing a person to use force, including deadly force, to defend themselves without a duty to retreat.

Castle Doctrine

A law stating that a person's home is their castle and they can use force to defend it without duty to retreat.

Expungement

A legal process that erases or seals a criminal conviction from your record.

This page is a plain-English reference and is not legal advice. Laws vary by jurisdiction and change over time. For specific situations consult a licensed attorney.