n. Illegally holding someone without due cause. This often involves private security or retail establishments that pretend they are police officers or hold someone even though they did not witness a crime being committed. These people would be allowed to conduct a citizen’s arrest, as long as they are certain that they detain the person who committed the crime and law enforcement officers are called at the first opportunity. A false arrest may also occur if a police officer arrests the wrong person, probable cause does not exist, or does not have a warrant. The false arrest becomes a crime when the arresting party knows that the arrested person did not commit a crime. Probable false arrest can be the basis for a lawsuit for damages.
