Suburban Law Enforcement Academy (SLEA) BA State Certification Practice Exam

A false arrest is considered which type of tort?

1. Negligent tort

2. Intentional tort

3. Unintentional tort

4. Civil tort

The correct answer is: Intentional tort

A false arrest is categorized as an intentional tort because it involves a deliberate act by a law enforcement officer or an individual that unlawfully restricts another person's freedom of movement. In this context, the intentional aspect is critical; it means that the individual engaging in the act (such as making an arrest) has made a conscious decision to do so, with knowledge that their actions are wrongful and may violate the rights of the person being arrested. Intentional torts are characterized by actions taken with intent to bring about a specific outcome that results in harm or loss to another person. Therefore, in the case of false arrest, the arresting party intended to detain the individual, and this act of detainment, done without legal justification or due process, constitutes a violation of the individual's civil rights. The other classifications such as negligent torts or unintentional torts relate to a failure to exercise reasonable care, leading to harm without a deliberate intent to cause injury. Civil torts encompass a broader category, which will include both intentional and unintentional torts; however, in this case, the specific nature of false arrest aligns more accurately with intentional torts.