This page is continued from Criminal Proceedings >>>> 1. The Arrest, Search and Seizure, and Booking >>>> i. The Arrest – lawful or unlawful?:

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unlawful arrest:
(18c)

1. The taking of a person into custody either without a valid warrant or without probable cause to believe that the person has committed a crime. [1]

Various Forms of Unlawful Arrests:

arbitrary arrest – an arrest of a person without probable cause to believe the person permitted a crime.

dragnet arrest – a sweeping arrest of people suspected of possible involvement in criminal activity or a civil disturbance. — aka round-up; wholesale arrest.

false imprisonment – restraint of a person in a bounded area without either legal authority, justification, or consent. Restatement (Second) of Torts § 35.

• false arrest – unlawful restraint of the physical liberty of another under an asserted legal authority to enforce the processes of the law; a form of false imprisonment.

malicious arrest – causing an arrest by maliciously bringing a suit upon false charges, or maliciously making a false affidavit.

Laws pertaining to Unlawful Detention:

United States Code
Title 10 – ARMED FORCES
Subtitle A – General Military Law
PART II – PERSONNEL
CHAPTER 47 – UNIFORM CODE OF MILITARY JUSTICE
SUBCHAPTER X – PUNITIVE ARTICLES

§897. Art. 97. Unlawful detention

     Any person subject to this chapter who, except as provided by law, apprehends, arrests, or confines any person shall be punished as a court-martial may direct. [2]

 References:

Disclaimer: All material throughout this website is compiled in accordance with Fair Use.

[1]: Black’s Law Dictionary Deluxe Tenth Edition by Henry Campbell Black & Editor in Chief Bryan A. Garner. ISBN: 978-0-314-62130-6

[2]: U.S. House of Representatives’ Office of Law Revision Counsel, “United States Code Title 10 – ARMED FORCES — Subtitle A – General Military Law — PART II – PERSONNEL — CHAPTER 47 – UNIFORM CODE OF MILITARY JUSTICE — SUBCHAPTER X – PUNITIVE ARTICLES § 897. Art. 97. Unlawful detention”: http://uscode.house.gov/view.xhtml?req=unlawful+arrest&f=treesort&fq=true&num=11&hl=true&edition=prelim&granuleId=USC-prelim-title10-section897

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