This guide provides an overview of when a law enforcement officer mat legally detain someone suspected of a crime. Some of the issues covered include how to legally conduct a stop, and when frisking and searches of vehicles are allowed.
Delaware USLegal Guide to Unlawful Detention
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US-GDE-01
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FAQ
False imprisonment is a ?general intent? crime, meaning you don't always have to intend to falsely imprison another person, but rather you deliberate actions caused them to be falsely imprisoned. In other words, you don't have to actually physically restrain another person to be found guilty of false imprisonment.
Examples of Unlawful Detention Conducting an unlawful arrest; Detaining someone for an unreasonable cause; Detain someone for an excessively long period; and. Restraining with or using excessive force in an arrest.
The most common defense to false imprisonment is consent, which is exactly what it sounds like, meaning the alleged victim gave the accused express or implied consent to restrict his or her movement. Another common defense to PC 236 involves the use of self-defense.
False Imprisonment Situations Physically restraining a person from leaving an area. Locking the doors of a room to prevent escape. Store owner detaining a suspected theft for an unreasonable amount of time. A robber enters a store, waves his gun and tells people not to leave.
California Penal Code 236 PC describes the crime of false imprisonment as unlawfully depriving another person of their personal liberty. Put simply, it's a crime to detain, restrain, or confine someone without their consent and not allow them to leave when they want.