Legal Standards for False Arrest
1. Intention Factor: False arrest is usually considered a tort that requires intentionality. False incarceration is not punishable by law unless the conduct is performed with the intent to impose an arrest or with knowledge that it would almost certainly result in one. The purpose of this tort is not important. Judges often have the duty to ascertain the defendant’s purpose in a false imprisonment case based on the evidence, as a matter of fact.
2. Plaintiff’s Knowledge: The plaintiff doesn’t need to be aware of another person’s wrongful detention to claim false arrest. They only need to demonstrate that the detention was unjustified or improper based on the circumstances.
3. Willful Detention: False arrest or restriction needs to be deliberate or willful. It is neither unlawful arrest nor false imprisonment when the door is accidentally closed while someone is on the other side. Any type of purposeful constraint, which also includes physically preventing the plaintiff from leaving a premises, as well as preventing plaintiff from leaving via coercion or threats.
4. Total Restraint of Liberty: Preserving an individual’s freedom of unrestricted movement is the aim of the tort of wrongful imprisonment. Thus, an individual’s liberty should only be entirely restricted for a specific duration if there is a valid justification for doing so. In the event that the defendant knowingly limits the plaintiff’s freedom and the plaintiff, as a reasonable person, finds no way to use his liberty, it is considered false imprisonment.
5. Unlawful Act: The defendant must have acted unlawfully. “Unlawful” in this sense refers to not being granted permission or privilege. It must be demonstrated that the plaintiff’s restraint by the defendant was unwarranted. When a plaintiff consents to being arrested, they have given their consent and cannot thereafter claim wrongful imprisonment. The plaintiff is not allowed to file a claim if someone, such as the police, has the right to restrict them. This is because the police are entitled to do so.