M Civ JI 116.01 False Arrest - Definition

False arrest is an unlawful taking, seizing or detaining of a person, either by touching or putting hands on him or her, or by any other act that indicates an intention to take him or her into custody and subjects the person arrested to the actual control and will of the person making the arrest.

The act must have been performed with the intent to make an arrest and must have been so understood by the person arrested.

Comment

See Bonkowski v Arlan’s Department Store, 383 Mich 90; 174 NW2d 765 (1970); Bruce v Meijers Supermarkets, Inc, 34 Mich App 352; 191 NW2d 132 (1971); Hill v Taylor, 50 Mich 549; 15 NW 899 (1883).

History

M Civ JI 116.01 was added September 1982.