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.
Nebraska USLegal Guide to Unlawful Detention
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US-GDE-01
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Mistake of fact: The defendant may argue that they had a reasonable but mistaken belief that their actions were lawful or necessary. Insufficient evidence: The defendant may challenge the sufficiency of the evidence presented by the prosecution to prove the elements of false imprisonment.
He or she must have been totally deprived of liberty; this deprivation must have been against his or her will; and it must be caused by the defendant.
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.
(1) To make the actor liable for false imprisonment, the other's confinement within the boundaries fixed by the actor must be complete. (2) The confinement is complete although there is a reasonable means of escape, unless the other knows of it.
[50] Anyone who intentionally detains or confines another is liable for false imprisonment unless that action is authorized by law. An arrest without lawful authority constitutes false imprisonment, as does a failure to release a prisoner when required.