Unlawful Arrest – taking of a person into custody either without a valid warrant or without probable cause to believe that the person has committed a crime

     An unlawful arrest is form of personal injury, and is both a tort and a crime[1]

unlawful arrest:

1. (18c.) 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. [2]

arrest without warrant:

1. This an arrest that is carried out by a peace officer or a private citizen where there is certainty or absolute certainty that a particular crime has been committed. [3]

See false arrest.  Also see false imprisonment. [4]


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[1]: Personal Injury from Black’s Law Second Edition Online:  http://thelawdictionary.org/personal-injury/

[2]: Black’s Law Dictionary Deluxe Tenth Edition by Henry Campbell Black, Editor in Chief Bryan A. Garner. ISBN: 978-0-314-61300-4

[3]: Black’s Law Dictionary Second Edition Online, “ARREST WITHOUT WARRANT”: http://thelawdictionary.org/arrest-without-warrant/

[4]:  Ballantine’s Law Dictionary Legal Assistant Edition by Jack Ballantine (James Arthur 1871-1949).  Doctored by Jack G. Handler, J.D. © 1994 Delmar by Thomson Learning.  ISBN 0-8273-4874-6.


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