With all thats going on with Black people being detained by everyday people. we need to know our rights and how to use them to our advantage.
Right now, lets talk about false imprisonment.
False imprisonment occurs when a person (who doesn't have legal authority or justification) intentionally restrains another person's ability to move freely. This can also be called unlawful imprisonment in the first degree and is detailed in the penal code for your state.
Examples of False Imprisonment Situations
For example, an armed bank robber yells at the customers to get down on the floor, threatening to shoot them if they try to leave. Since they know they might be killed or suffer serious bodily harm if they try to leave, they are being held against their will.
The captive bank customers may be able to claim damages, and the bank robber may be charged with the crime of false imprisonment. These crimes can be a misdemeanor or a felony depending on the circumstances. Even the police may be charged with false imprisonment if they exceed their authority (such as detaining someone without justification).
In fact, any person who intentionally restricts another's freedom of movement without their consent may be liable for false imprisonment, which is both a crime and a civil wrong just like other offenses including assault and battery. It can occur in a room, on the streets, or even in a moving vehicle.
Similarly, "false arrest" is when someone arrests another individual without the legal authority to do so, which becomes false imprisonment the moment he or she is taken into custody.
Right now, lets talk about false imprisonment.
False imprisonment occurs when a person (who doesn't have legal authority or justification) intentionally restrains another person's ability to move freely. This can also be called unlawful imprisonment in the first degree and is detailed in the penal code for your state.
Examples of False Imprisonment Situations
For example, an armed bank robber yells at the customers to get down on the floor, threatening to shoot them if they try to leave. Since they know they might be killed or suffer serious bodily harm if they try to leave, they are being held against their will.
The captive bank customers may be able to claim damages, and the bank robber may be charged with the crime of false imprisonment. These crimes can be a misdemeanor or a felony depending on the circumstances. Even the police may be charged with false imprisonment if they exceed their authority (such as detaining someone without justification).
In fact, any person who intentionally restricts another's freedom of movement without their consent may be liable for false imprisonment, which is both a crime and a civil wrong just like other offenses including assault and battery. It can occur in a room, on the streets, or even in a moving vehicle.
Similarly, "false arrest" is when someone arrests another individual without the legal authority to do so, which becomes false imprisonment the moment he or she is taken into custody.