There was NO false arrest here. I do know in the US 6th circuit court of appeals jurisdiction, unless the law has changed (and if I remember correctly), IF an officer about to effect an arrest knows in all probability the actor has a valid "affirmitive defense" to the charge and still arrests them, it may constitute false arrest. The AD need not be plead in court first.
In such a case, it is defacto kidnapping, IMO, but Prosecutorial discretion comes into play here also.

