{"id":14532,"date":"2018-02-23T00:52:56","date_gmt":"2018-02-23T00:52:56","guid":{"rendered":"https:\/\/reunitethestates.org\/?page_id=14532"},"modified":"2018-02-23T02:44:12","modified_gmt":"2018-02-23T02:44:12","slug":"false-imprisonment","status":"publish","type":"page","link":"https:\/\/reunitethestates.org\/?page_id=14532","title":{"rendered":"false imprisonment – restraint of a person in a bounded area without either legal authority, justification, or consent"},"content":{"rendered":"

\u00a0\u00a0\u00a0\u00a0 This page is continued from Criminal Proceedings<\/a> >>>> 1. The Arrest, Search and Seizure, and Booking<\/a> >>>> i. The Arrest – lawful or unlawful?<\/a> >>>> Various Forms of Unlawful Arrests<\/a>:<\/span>
\n<\/strong><\/p>\n

********************<\/p>\n

false imprisonment<\/span>:<\/strong><\/span>
\n(14c)<\/span><\/p>\n

1.The restraint of a person in a bounded area without legal authority, justification, or consent.\u00a0 *\u00a0 False imprisonment is a common-law misdemeanor<\/a> and a tort<\/a>.\u00a0 It applies to private as well as governmental detention. <\/strong>[1]
\n<\/strong><\/span><\/p>\n

1. The unlawful restraint by one person of the physical liberty of another.\u00a0 22 Am J False Imp \u00a7 1<\/span>.\u00a0 <\/strong><\/span><\/p>\n

An unlawful violation of the personal liberty of another, whether considered as a tort or a crime<\/a>.\u00a0 Parrot v Bank of America Nat Trust & Sav. Assoc<\/em>. 97 Cal App 2d 14, 217 P2d 89, 35 ALR2d 263<\/span>.
\n<\/strong><\/span><\/p>\n

To constitute an unlawful arrest<\/a> or a false imprisonment, it is not necessary that force be used.\u00a0 The wrong done is one which may be committed by acts or by words, or by both.\u00a0 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.\u00a0 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 arrest<\/a>.\u00a0 Durgin v Cohen<\/em>, 168 Minn 77, 209 NW 532<\/span>.
\n<\/strong>[2]<\/span><\/p>\n

1. The unlawful restraint by one person of the physical liberty of another.\u00a0 Like false arrest, to which it is closely <\/span>related, it is both <\/span>a<\/span> tort and a crime<\/a>.<\/span><\/strong> [3]<\/span><\/span><\/p>\n

\u00a0\u00a0\u00a0\u00a0 Excerpt from R.F.V. Heuston’s Salmond on the Law of Torts<\/em><\/a> (17th ed. 1977):<\/span><\/strong><\/p>\n

\u00a0\u00a0\u00a0\u00a0 “[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.<\/span>“<\/strong> [4]<\/span><\/p>\n

\u00a0\u00a0\u00a0\u00a0 Excerpt from 32 Am. Jur. 2d False Imprisonment<\/em> \u00a7 3 (1995):<\/span><\/strong><\/p>\n

\u00a0\u00a0\u00a0\u00a0 “Some courts have described false arrest and false imprisonment as causes of action which are distinguishable only in terminology.\u00a0 The two have been called virtually indistinguishable, and identical.\u00a0 however, the difference between them lies in the manner in which they arise.\u00a0 In order to commit false imprisonment, it is not necessary either to intend to make an arrest or actually to make an arrest.\u00a0 By contrast, a person who is falsely arrested is at the same time falsely imprisoned.<\/span>“<\/strong> [5]<\/span><\/p>\n

Restatement (Second) of Torts \u00a7 35 (1977)<\/span>:<\/strong><\/span><\/p>\n

\u00a7 35: False Imprisonment<\/strong><\/span><\/div>\n
<\/div>\n
(1) An actor is subject to liability to another for false imprisonment if:<\/strong><\/span><\/div>\n
(a) he acts intending to confine the other or a third person within <\/strong>boundaries fixed by the actor, and<\/strong><\/span><\/div>\n
(b) his act directly or indirectly results in such a confinement of the <\/strong>other, and<\/strong><\/span><\/div>\n
(c) the other is conscious of the confinement or is harmed by it.<\/strong><\/span><\/div>\n
\u00a0<\/span><\/div>\n
\u00a7 36: What Constitutes Confinement<\/strong><\/span><\/div>\n
<\/div>\n
(1) To make the actor liable for false imprisonment, the other\u2019s confinement within the boundaries fixed by the actor must be complete.<\/strong><\/span><\/div>\n
(2) The confinement is complete although there is a reasonable means of escape, unless the other knows of it.<\/strong><\/span><\/div>\n
(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. <\/strong><\/span>[6]<\/span><\/div>\n
<\/div>\n
\n

Code of Federal Regulations<\/strong><\/span>
\n Title 25 – INDIANS<\/strong><\/span>
\n CHAPTER I – BUREAU OF INDIAN AFFAIRS, DEPARTMENT OF THE INTERIOR
\nSUBCHAPTER B – LAW AND ORDER
\nPART 11 – COURTS OF INDIAN OFFENSES AND LAW AND ORDER CODE
\nSubpart D – Criminal Offenses<\/strong><\/span><\/p>\n

\n
\n

\u00a7 11.404 False imprisonment<\/strong><\/span><\/p>\n

\u00a0\u00a0\u00a0\u00a0 A person commits a misdemeanor if he or she knowingly restrains another unlawfully so as to interfere substantially with his or her liberty.<\/strong> <\/span>[7]<\/span><\/p>\n<\/div>\n<\/div>\n<\/div>\n

\n

References:<\/span><\/span><\/strong><\/p>\n

Disclaimer:<\/span><\/span><\/strong> All material throughout this website is pertinent to people everywhere, and is being utilized in accordance with Fair Use<\/a>. <\/span><\/strong><\/p>\n

[1]: Black\u2019s Law Dictionary\u00a0Deluxe Tenth Edition<\/a>\u00a0by Henry Campbell Black & Editor in Chief Bryan A. Garner. ISBN: 978-0-314-62130-6<\/b><\/span><\/strong><\/p>\n

[2]: Ballantine\u2019s Law Dictionary\u00a0<\/a><\/b><\/span><\/strong>with Pronunciations
\n<\/b><\/span><\/a><\/em>Third Edition<\/b><\/span><\/a><\/strong>\u00a0<\/span><\/strong>by James A. Ballantine\u00a0<\/b><\/span><\/strong>(James Arthur 1871-1949).\u00a0\u00a0<\/b><\/span><\/em>Edited by William S. Anderson.\u00a0\u00a0\u00a9 1969 by THE LAWYER\u2019S CO-OPERATIVE PUBLISHING COMPANY.\u00a0 Library of Congress Catalog Card No. 68-30931<\/b><\/span><\/strong><\/p>\n

[3]:\u00a0\u00a0Ballantine\u2019s Law Dictionary <\/a><\/b><\/span><\/strong>Legal Assistant Edition<\/b><\/span><\/a><\/em>
\nby Jack Ballantine\u00a0<\/b><\/span><\/strong>(James Arthur 1871-1949).\u00a0\u00a0<\/b><\/span><\/em>Doc<\/b><\/span><\/a><\/strong>tored<\/b><\/span><\/a><\/strong>\u00a0<\/span><\/em>by\u00a0Jack G. Handler,\u00a0J.D.<\/a>\u00a0\u00a9 1994 Delmar by Thomson Learning.\u00a0 ISBN 0-8273-4874-6.<\/b><\/span><\/strong><\/p>\n

[4]: R.F.V. Heuston’s Salmond on the Law of Torts<\/em><\/a> 123 n.38 (17th ed. 1977)<\/span><\/strong><\/p>\n

[5]: 32 Am. Jur. 2d False Imprisonment<\/em> \u00a7 3 (1995)<\/span><\/strong><\/p>\n

[6]: <\/span>Restatement (Second) of Torts \u00a7\u00a7 35, 36 (1977): <\/span>https:\/\/law.lclark.edu\/live\/files\/12795-restatementpdf<\/span><\/a><\/strong><\/p>\n

[7]: Government Publishing Office, “Code of Federal Regulations Title 25 – INDIANS \u2014 CHAPTER I – BUREAU OF INDIAN AFFAIRS, DEPARTMENT OF THE INTERIOR \u2014 SUBCHAPTER B – LAW AND ORDER \u2014 PART 11 – COURTS OF INDIAN OFFENSES AND LAW AND ORDER CODE \u2014 Subpart D – Criminal Offenses \u00a7 11.404 False imprisonment: <\/span><\/strong>https:\/\/www.gpo.gov\/fdsys\/pkg\/CFR-2012-title25-vol1\/xml\/CFR-2012-title25-vol1-sec11-404.xml<\/span><\/strong><\/a><\/p>\n

*******************************<\/span><\/span><\/strong><\/p>\n

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