What action can lead to a charge of false arrest?

Prepare for the MPTC Criminal Law Exam. Use flashcards and multiple choice questions with hints and explanations to enhance your understanding and readiness for the test!

The choice that leads to a charge of false arrest is based on the premise of unlawfully detaining someone by claiming to have legal authority that one does not possess. Pretending to have a legal process means that an individual is misleading another into believing that they are acting under the auspices of the law, such as fabricating documents or claiming a warrant exists when it does not. This deception can strip the individual being detained of their freedom based on a false premise, thereby constituting false arrest.

While other options might involve questionable or unlawful behavior, they do not inherently imply the same level of deception or misuse of authority that could lead to a charge of false arrest. Making an arrest without a warrant, for instance, could sometimes be justified under certain circumstances, such as in cases of exigent circumstances or when a crime is committed in the officer's presence. Thus, the core element of claiming false authority in option B underscores the principle that legality and the adherence to proper legal processes are essential in any arrest scenario.

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