false imprisonment – restraint of a person in a bounded area without either legal authority, justification, or consent

     This page is continued from Criminal Proceedings >>>> 1. The Arrest, Search and Seizure, and Booking >>>> i. The Arrest – lawful or unlawful? >>>> Various Forms of Unlawful Arrests:

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false imprisonment:
(14c)

1.The restraint of a person in a bounded area without legal authority, justification, or consent.  *  False imprisonment is a common-law misdemeanor and a tort.  It applies to private as well as governmental detention. [1]

1. The unlawful restraint by one person of the physical liberty of another.  22 Am J False Imp § 1

An unlawful violation of the personal liberty of another, whether considered as a tort or a crimeParrot v Bank of America Nat Trust & Sav. Assoc. 97 Cal App 2d 14, 217 P2d 89, 35 ALR2d 263.

To constitute an unlawful arrest or a false imprisonment, it is not necessary that force be used.  The wrong done is one which may be committed by acts or by words, or by both.  An unlawful restraint of the person, or an interference with his personal liberty, is essential, but his is deemed to have been put under restraint if words or acts induced a reasonable apprehension that force would be used, if he did not submit.  In short, any unlawful exercise or show of force, by which a person is compelled to remain where he does not wish to remain or to go where he does not with to go is an unlawful arrestDurgin v Cohen, 168 Minn 77, 209 NW 532.
[2]

1. The unlawful restraint by one person of the physical liberty of another.  Like false arrest, to which it is closely related, it is both a tort and a crime. [3]

     Excerpt from R.F.V. Heuston’s Salmond on the Law of Torts (17th ed. 1977):

     “[In the phrase false imprisonment,] false is… used not in the ordinary sense of the mendacious or fallacious, but in the less common through well-established sense of erroneous or wrong, as in the phrases false quantity, false step, false taste, etc. [4]

     Excerpt from 32 Am. Jur. 2d False Imprisonment § 3 (1995):

     “Some courts have described false arrest and false imprisonment as causes of action which are distinguishable only in terminology.  The two have been called virtually indistinguishable, and identical.  however, the difference between them lies in the manner in which they arise.  In order to commit false imprisonment, it is not necessary either to intend to make an arrest or actually to make an arrest.  By contrast, a person who is falsely arrested is at the same time falsely imprisoned. [5]

Restatement (Second) of Torts § 35 (1977):

§ 35: False Imprisonment
(1) An actor is subject to liability to another for false imprisonment if:
(a) he acts intending to confine the other or a third person within boundaries fixed by the actor, and
(b) his act directly or indirectly results in such a confinement of the other, and
(c) the other is conscious of the confinement or is harmed by it.
 
§ 36: What Constitutes Confinement
(1) To make the actor liable for false imprisonment, the other’s confinement within the boundaries fixed by the actor must be complete.
(2) The confinement is complete although there is a reasonable means of escape, unless the other knows of it.
(3) The actor does not become liable for false imprisonment by intentionally preventing another from going in a particular direction in which he has a right or privilege to go. [6]

Code of Federal Regulations
Title 25 – INDIANS
CHAPTER I – BUREAU OF INDIAN AFFAIRS, DEPARTMENT OF THE INTERIOR
SUBCHAPTER B – LAW AND ORDER
PART 11 – COURTS OF INDIAN OFFENSES AND LAW AND ORDER CODE
Subpart D – Criminal Offenses

§ 11.404 False imprisonment

     A person commits a misdemeanor if he or she knowingly restrains another unlawfully so as to interfere substantially with his or her liberty. [7]

References:

Disclaimer: All material throughout this website is pertinent to people everywhere, and is being utilized in accordance with Fair Use.

[1]: Black’s Law Dictionary Deluxe Tenth Edition by Henry Campbell Black & Editor in Chief Bryan A. Garner. ISBN: 978-0-314-62130-6

[2]: Ballantine’s Law Dictionary with Pronunciations
Third Edition by James A. Ballantine (James Arthur 1871-1949).  Edited by William S. Anderson.  © 1969 by THE LAWYER’S CO-OPERATIVE PUBLISHING COMPANY.  Library of Congress Catalog Card No. 68-30931

[3]:  Ballantine’s Law Dictionary Legal Assistant Edition
by Jack Ballantine 
(James Arthur 1871-1949).  Doctored by Jack G. Handler, J.D. © 1994 Delmar by Thomson Learning.  ISBN 0-8273-4874-6.

[4]: R.F.V. Heuston’s Salmond on the Law of Torts 123 n.38 (17th ed. 1977)

[5]: 32 Am. Jur. 2d False Imprisonment § 3 (1995)

[6]: Restatement (Second) of Torts §§ 35, 36 (1977): https://law.lclark.edu/live/files/12795-restatementpdf

[7]: Government Publishing Office, “Code of Federal Regulations Title 25 – INDIANS — CHAPTER I – BUREAU OF INDIAN AFFAIRS, DEPARTMENT OF THE INTERIOR — SUBCHAPTER B – LAW AND ORDER — PART 11 – COURTS OF INDIAN OFFENSES AND LAW AND ORDER CODE — Subpart D – Criminal Offenses § 11.404 False imprisonment: https://www.gpo.gov/fdsys/pkg/CFR-2012-title25-vol1/xml/CFR-2012-title25-vol1-sec11-404.xml

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