Unlawful Incarceration Definition
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FAQ
False imprisonment or unlawful imprisonment occurs when a person intentionally restricts another person's movement within any area without legal authority, justification, or the restrained person's permission. Actual physical restraint is not necessary for false imprisonment to occur.
As you'd expect, false imprisonment cases often involve law enforcement detaining someone without cause. In one notable example, Chicago police arrested Ronald Jones in 1985 for the alleged murder of Debra Smith.
Detentions can only last as long as it takes to determine whether you have committed a crime. This applies to both traffic stops and Terry stops. Continuing to detain you without evidence of a crime can be unlawful. Example: A car veers into another lane and gets pulled over.
Victims of unlawful arrest or unlawful detainment can file a complaint against the law enforcement officials involved, submit an exclusionary motion or file a lawsuit demanding an injunction or seek retribution for monetary damages.
The essential elements of false imprisonment are: Willful detention; Without consent; and. Without authority of law.