Legal Definition and Related Resources of False Imprisonment

It is not necessary, in order to constitute an imprisonment , that a man’s; person should be touched. If a man compels; another to stay in any given place agains: his will, he imprisons that other just as much as if he locked him up in a room. If a person is imprisoned by anyone for no just cause or on the probable ground that he might be suspected of having committed a crime , he is liable for false imprisonment. To constitute false imprisonmen: there must be actual detention of and complete loss of freedom for the plaintiff , ever, for a brief period , which detention must be unreasonable and unwarranted under the circumstances. See Kanner v First Nat. Bank (Fla. App.) 287 So.2d 715.

Any unlawful restraint of a man’s liberty, whether in a place made use of for imprisonment generally, or in one used only on the particular occasion, or by words and an array of force, without bolts or bars, in any locality whatever. 2 Bish. Crim. Law, § 669; 8 N. H. 550; 9 N. H. 491; 7 Humph. (Tenn.) 43; 12 Ark. 43; 7 Q. B. 742; 6 Vt. 588; 3 Blackf. (Ind.) 46; 9 Johns. (N. Y.) 117; 1 A. K. Marsh. (Ky.) 345. The characteristic of false imprisonment is the unlawfulness of the detention. If the person is detained under valid process, though it be erroneously or maliciously isFALSE JUDGMENT* sued, it is not false imprisonment. 58 Wis. 276; 17 Kan. 436.

Browse or run a search for False Imprisonment in the American Encyclopedia of Law, the Asian Encyclopedia of Law, the European Encyclopedia of Law, the UK Encyclopedia of Law or the Latin American and Spanish Encyclopedia of Law.

False Imprisonment in Historical Law

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This definition of False Imprisonment is based on the The Cyclopedic Law Dictionary . This entry needs to be proofread.

Vocabularies (Semantic Web Information)

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English Spanish Translation of False imprisonment

Privación ilegal de libertad

Find other English to Spanish translations from the Pocket Spanish English Legal Dictionary (print and online), the English to Spanish to English dictionaries (like False imprisonment) and the Word reference legal translator.

False imprisonment in Law Enforcement

Main Entry: Law Enforcement in the Legal Dictionary. This section provides, in the context of Law Enforcement, a partial definition of false imprisonment.

Resources

See Also

• Law Enforcement Officer
• Police Work
• Law Enforcement Agency

Further Reading

• false imprisonment in A Dictionary of Law Enforcement (Oxford University Press)
• false imprisonment in the Encyclopedia of Law Enforcement
• A Treatise on the Police of the Metropolis

English Legal System: False Imprisonment

In the context of the English law, A Dictionary of Law provides the following legal concept of False Imprisonment : Unlawful restriction of a person’s freedom of movement, not necessarily in a prison. Any complete deprivation of freedom of movement is sufficient, so false imprisonment includes unlawful arrest and unlawfully preventing a person leaving a room or a shop. The restriction must be total: it is not imprisonment to prevent a person proceeding in one direction if he is free to leave in others. False imprisonment is a form of *trespass to the person, so it is not necessary to prove that it has caused actual damage. It is both a crime and a tort. Damages, which may be *aggravated or *exemplary, can be obtained in tort and the writ of *habeas corpus is available to restore the imprisoned person to liberty.