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.
Utah USLegal Guide to Unlawful Detention
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US-GDE-01
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FAQ
A false arrest is the restraint or detention by one person of another without lawful justification (probable cause or a valid arrest warrant) under an asserted legal authority to enforce the process of the law. False arrest is also referred to as false imprisonment and is generally considered a misdemeanor offense.
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.
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.
An actor commits unlawful detention of a minor if the actor is at least four or more years older than the minor, and intentionally or knowingly, without authority of law, and against the will of the minor, coerces or exerts influence over the minor with the intent to cause the minor to remain with the actor for an ...
Shouse Law Group » Civil Rights » Unlawful Police Detentions. Unlawful police detention is when law enforcement, without legal justification, restricts your freedom to leave. Doing so constitutes a civil rights violation based on the Fourth Amendment.
To prove a false imprisonment claim as a tort in a civil lawsuit, the following elements must be present: There was a willful detention; The detention was without consent; and. The detention was unlawful.