› Malicious prosecution — procurement of arrest warrant with no bail endorsement
Torts
› Interference with property
› Trespass to land — standing — possessory interest — licensee or lodger
Torts
› Interference with property
› Trespass to land — revocation of implied licence — effective communication to individual officer
Torts
› Interference with the person
› False imprisonment — execution of facially valid warrant — liability of executing officers
Quick Take
1A claim for malicious prosecution may be founded on the malicious procurement of an arrest warrant (including a 'no bail' endorsement) in criminal proceedings without reasonable and probable cause, even where the broader prosecution is not itself malicious; the tort extends to abuse of court process by wrongfully setting the law in motion for an improper purpose.
2Where a statute attributes a police officer's liability (not acts) to the State, the State's liability for trespass depends on whether the individual officer entering the property had notice — actual or constructive to a reasonable person in their position — that the implied licence to enter had been revoked; communication to other officers or to the police force generally is insufficient.
3An adult child residing in a parent's home under an informal licence or lodging arrangement, where the parent is the sole registered proprietor and continues to occupy the property, does not have the possessory interest in the land required to maintain an action for trespass; possession requires more than physical presence with the owner's permission.
