This is a Complaint pleading for use in litigation of the title matter. Adapt this form to comply with your facts and circumstances, and with your specific state law. Not recommended for use by non-attorneys.
False Imprisonment Arrest Without Warrant In Oakland
Category:
State:
Multi-State
County:
Oakland
Control #:
US-000280
Format:
Word;
Rich Text
Instant download
Description
Free preview
Form popularity
FAQ
California Penal Code § 236 PC defines false imprisonment as unlawfully restraining, detaining, or confining a person against his or her will. The crime can be charged as either a misdemeanor or felony and is punishable by up to three years in jail.
When making an arrest by virtue of a warrant the officer shall inform the person to be arrested of the cause of the arrest and of the fact that a warrant has been issued for his arrest, except when he flees or forcibly resists before the officer has opportunity so to inform him, or when the giving of such information ...
Typically, plaintiffs bringing allegations of false arrest against state authorities need to prove all three of the elements outlined below. The arrest was inappropriate. The person detained suffered harm. An officer was the cause of the injury.
When making an arrest without a warrant, the officer shall inform the person to be arrested of his authority and the cause of the arrest, unless the person to be arrested is then engaged in the commission of an offense, or is pursued immediately after its commission or after an escape, or flees or forcibly resists ...
By Arrest Type A person can be 1) arrested, booked, and released on a Desk Appearance Ticket prior to the first court appearance; 2) arrested, booked, and detained prior to the first court appearance (Summary Arrest); or 3) arrested as a result of an indictment by the grand jury (Direct Indictment).
The misdemeanor offense of false imprisonment under California Penal Code Section 237(a) PC requires a prosecutor to establish the following elements: The defendant intentionally and unlawfully restrained, detained or confined another person. The defendant made the person stay or go somewhere against that person's will ...
If evidence is obtained without a valid search warrant, and no exception to the warrant requirement applies, the evidence may be subject to the exclusionary rule. The exclusionary rule prevents illegally obtained evidence from being admitted in a court of law.
A quick definition of warrantless: For example, if they see something illegal in plain view or if they think someone is in danger. However, evidence obtained without a warrant is usually not allowed in court unless it falls under one of these exceptions.
Examples of false imprisonment: You prevent someone from leaving by grabbing that person's arm; You lock someone in a bedroom; You tie someone to a chair.
More info
A false arrest is one way of committing false imprisonment. To prove false arrest, a person must prove three elements.False imprisonment occurs when you unlawfully deprive another person of his or her personal liberty. Typically, false arrest claims are only possible in scenarios where police officers do not have a warrant. Following a false citizen's arrest, you can sue the arrestor for battery or false imprisonment. California Penal Code § 236 PC defines false imprisonment as unlawfully restraining, detaining, or confining a person against his or her will.