How is false arrest defined?

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False arrest is defined as the intentional detention of an individual without proper legal authority. This definition emphasizes that for an arrest to be lawful, it must be based on probable cause and supported by the necessary legal justification. When law enforcement or an individual detains someone without having the appropriate authority or legal justification, it constitutes false arrest.

This definition is grounded in principles of civil rights and individual liberty, as the legal system seeks to protect individuals from being unlawfully deprived of their freedom. Proper legal authority may come from a warrant or sufficient probable cause that justifies the detention of an individual suspected of wrongdoing. In the absence of such authority, the act of detaining someone is not just wrongful, but it can also lead to civil liability for the individual or entity that performs the unlawful detention.

Conversely, terms like unintentional detainment or confining someone with probable cause do not capture the essence of false arrest, as they lack the critical component of intent and legal authority necessary to understand this concept fully. Similarly, arresting someone suspected of a crime might be lawful with proper procedures, thus distinguishing it from false arrest.

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