False Imprisonment

A false imprisonment is the restraint or arrest of a person against their will without any legal justification.  False arrest can be performed by police and law enforcement officers, military personnel, or anyone who restricts another person’s movement and takes that person into custody without the legal justification to do so.  In this event, the suspect could be accountable for a false imprisonment, which is a crime.  In other words, a false imprisonment is the confinement of you against your will and without legal justification and/or authority.

There are certain elements for someone to make a false arrest.  The person must deliberately perform the imprisonment or restricts the ability of mobility for the other individual, do it without the consent of the other individual, and have no lawful justification for doing so.  False imprisonment may or may not require use of physical force or barriers, or under stress.

If a person claims that they were falsely imprisoned, then a court case will ensure to discover if the person’s claim or belief was accurate.  Other things that the case will take into consideration would be the circumstances of the situation, who was all involved, anything legal or illegal that occurred etc.

Therefore, false imprisonment could include a person being locked in a room or car without their consent, someone forcing another individual to remain in a place or threatening to do something, a person holding another person in a position so that they cannot leave or move, or a law enforcement officer detaining or arresting you without legal justification.  While it all depends on the circumstances of the situation, these normally constitute a false imprisonment.

On the other side of things, if you claim that you were falsely imprisoned as you were found innocent of a crime, a person grabs you in a way that you can get free, someone detaining or arresting you without probable clause, or a person asking you to not leave your house, despite their being another exit route from which you can leave the building, are not true false imprisonments.

Defenses to a false imprisonment claim can include voluntary consent with no stress or coercion, the privilege of police and law enforcement officers,  or when a citizen calling for a police or other law enforcement officer when a crime has just been committed in their presence.

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