False arrest is a common law tort, where a plaintiff alleges he or she was held in custody without reasonable cause or an order issued by a court of appropriate jurisdiction. Although it is possible to sue law enforcement officials for false arrest, the usual defendants in such cases are private security firms. This article concerns the common-law legal system, as contrasted with the civil law legal system; for other meanings of the term, within the field of law, see common law (disambiguation). ... In the common law, a tort is a civil wrong for which the law provides a remedy. ... The plaintiff, claimant, or complainant is the party initiating a lawsuit, (also known as an action). ... Child custody and guardianship are the legal terms used to describe the legal and practical relationship between a parent and child, including e. ...

In most jurisdictions, the arrest powers of police and police agents are in excess of those afforded to ordinary citizens (see citizen's arrest). However, even the powers of police officers to arrest are not unlimited. Generally speaking: A citizens arrest is an arrest performed by a private citizen, as opposed to a sworn law enforcement officer. ...

• Anyone may arrest a person if they possess an arrest warrant issued by an appropriate court. In the United States, this includes bounty hunters (agents of bail bondsmen) acting under the authority of a bench warrant to bring a criminal defendant who has skipped bail to court for trial.
• A police officer, or a person authorized by a jurisdiction's police powers act, may arrest anyone who the officer has reasonable and probable cause to believe has committed any criminal offence. However, in the case of a misdemeanour, summary conviction offence, or non-criminal offence (such as a municipal by-law offence) the officer may only arrest the suspect long enough to identify them and give them a summons to appear in court, unless there is reason to believe they will not appear in answer to the summons.
• Any person may arrest someone suspected of committing a felony or indictable offence, as long as they believe the suspect is attempting to flee the scene of the felony. A person cannot be arrested on suspicion of committing a felony well after the fact unless the arresting officer possesses an arrest warrant.

Most cases of false arrest involve accusations of shoplifting, and are brought against security guards and retail stores. A guard cannot arrest someone merely on the suspicion that they have committed a theft. In most jurisdictions, there has to be some proof that a felony has actually been committed, such as someone noticing missing merchandise. For example, a guard does not have reasonable and probable cause if they believe that a shopper has put something into their pocket from the store's stock. Instead, there has to be an indication that something is actually missing from the store. An arrest warrant is a warrant issued by a public officer which authorizes the arrest and detention of an individual. ... A bounty hunter is an individual who seeks out escaped fugitives in return for a monetary award. ... A bench warrant is a variant of an arrest warrant which authorizes the immediate arrest on sight of the individual in question who is in contempt of court such as failure to appear at the appointed time and date for trial. ... for other uses please see Crime (disambiguation) A crime is an act that violates a political or moral law. ... Misdemeanors are lesser criminal acts which are generally punished less severely than felonies; but more so than infractions. ... In the law of many common law jurisdictions, a summary offence is an offence which can be tried without an indictment. ... A Bylaw (sometimes also seen as By-Law or ByLaw) is a rule governing the internal management of an organization, such as a business corporation. ... A summons is a legal document issued by a court addressed to a defendant in a legal proceeding. ... A felony, in many common law legal systems, is the term for a very serious crime; misdemeanors are considered to be less serious. ... In many common law jurisdictions (e. ... Broadly speaking, shoplifting is a term that refers to stealing from a shop, store, or other retail establishment, usually by a would-be patron or customer. ... A security guard is a private person who is employed to protect property and people. ...

Bounty hunters have been subject to suits for false arrest when they attempt to execute a bench warrant outside of the United States. In Canada and Mexico, only police officers are permitted to execute bench warrants, even though American bench warrants issued by any court are valid in any U.S. state. There have been at least two prominent cases where bounty hunters were successfully charged with kidnapping after taking custody of a bail jumper outside of the United States and bringing them back to the court that issued the warrant.

There have been some cases where police officers or bounty hunters have executed valid arrest warrants against the wrong person. Although many false arrest suits result in only nominal damages, such mistakes usually result in large awards against the arresting officers.