An arrest is one of the most serious actions law enforcement can take against an individual. It strips a person of their freedom, dignity, and sense of security. When that arrest happens without legal justification, it may constitute false arrest or false imprisonment, both of which are recognized forms of police misconduct under California and federal law.
In Long Beach, residents have the right to question and challenge unlawful conduct by the Long Beach Police Department (LBPD). This guide explains what false arrest and false imprisonment mean, how these violations occur, and what legal options may be available if your rights were violated.
Understanding False Arrest Under California Law
A false arrest occurs when a law enforcement officer takes someone into custody without lawful authority. In California, officers generally must have probable cause to make an arrest.
Probable cause requires more than a hunch or suspicion. It means the officer must have specific, articulable facts that would lead a reasonable person to believe a crime was committed and that the individual arrested committed it.
A false arrest may occur when:
- You were arrested without a warrant and without probable cause
- The officer relied on inaccurate, incomplete, or fabricated information
- You were arrested for conduct that is not illegal
- The arrest was based on mistaken identity without reasonable verification
- Charges were later dropped due to lack of evidence
Even if the arrest was brief or did not lead to prosecution, it can still be unlawful.
What Is False Imprisonment?
False imprisonment is closely related to false arrest but is broader in scope. It refers to any situation where a person’s freedom of movement is unlawfully restrained.
False imprisonment does not require formal booking or jail time. It can occur any time a person is detained without legal justification.
Examples include:
- Being handcuffed and detained during a stop without cause
- Being locked in a patrol car without lawful authority
- Being held in jail after charges should have been dismissed
- Being prevented from leaving a police encounter when no legal basis exists
In many cases, false imprisonment occurs before or after a formal arrest.
When Does a Police Encounter Become an Unlawful Detention?
Not every interaction with police is illegal. Officers may approach individuals and ask questions. However, a lawful encounter can turn into an unlawful detention if:
- You are not free to leave
- The officer uses physical restraint or commands
- The officer lacks reasonable suspicion or probable cause
If a reasonable person in your position would believe they were not free to leave, the encounter may legally qualify as a detention and must be justified by law.
Common False Arrest Scenarios in Long Beach
False arrest and imprisonment claims often arise from everyday situations, including:
- Traffic stops that escalate without legal basis
- Public protests or demonstrations
- Neighborhood patrol encounters
- Domestic disturbance calls with incomplete or biased information
- Stops based on vague descriptions or profiling
In many cases, charges are later dropped, dismissed, or never filed. While dismissal alone does not automatically prove misconduct, it can signal that probable cause was lacking from the start.
Can the Long Beach Police Department Be Held Accountable?
Yes. Law enforcement officers and departments can be held accountable under:
- California tort law
- Federal civil rights law (42 U.S.C. § 1983)
These claims focus on whether your constitutional rights, including your Fourth Amendment right against unreasonable seizures, were violated.
Potential damages may include:
- Emotional distress and psychological harm
- Lost income and employment consequences
- Legal expenses and bail costs
- Reputational damage
- Loss of liberty
Claims involving police misconduct often involve strict deadlines, notice requirements, and procedural rules. Delaying action can harm your case.
Filing a Complaint vs. Filing a Lawsuit
Many people assume filing an internal police complaint is enough. While complaints may trigger internal reviews, they rarely result in compensation or meaningful accountability.
A civil lawsuit is often the only mechanism to:
- Recover financial damages
- Force transparency through evidence discovery
- Hold departments accountable for patterns of misconduct
Both options serve different purposes, and legal guidance can help determine the appropriate path.
What To Do If You Believe You Were Falsely Arrested
If you believe LBPD unlawfully arrested or detained you:
- Write down everything you remember as soon as possible
- Preserve any citations, release papers, or court documents
- Identify witnesses and nearby cameras
- Avoid discussing the incident publicly or on social media
- Speak with a police misconduct attorney before giving statements
Early documentation can make a significant difference in the strength of a claim.
Why These Cases Matter
False arrests and unlawful detentions erode public trust and disproportionately impact communities already facing systemic challenges. Holding law enforcement accountable is not about punishing officers indiscriminately; it is about enforcing constitutional limits and preventing future violations.
If your freedom was taken without legal cause, you may have the right to seek justice.

Steering Law is a California-based civil rights and criminal defense firm led by Jerry L. Steering, Esq. The firm focuses on police misconduct cases, including excessive force, false arrest, malicious prosecution, contempt of cop incidents, and 42 U.S.C. §1983 civil rights actions, while also handling serious criminal defense matters. Steering Law is dedicated to protecting clients’ constitutional rights and delivering justice for individuals who have been wronged by law enforcement.
