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False imprisonment violates your rights

Imagine being taken into custody by a store owner because he or she believes you stole something. You wait a few minutes to try to sort out the problem, but after twenty and then thirty minutes pass, you feel that it's unreasonable. The owner suggested that he or she was calling the police, but no one has arrived. At this point, is holding you while waiting for the police false imprisonment?

False imprisonment can become a problem in a number of situations, the above being just one. False imprisonment can happen in shopping malls like the situation above if you're accused of shoplifting. It's unreasonable to hold someone without taking action for a long period of time. You should only be detained for as long as it takes to get your information or to have the police arrive on the scene.

Other situations result in false imprisonment as well. For instance, imagine being in a bank robbery. You've been told to stay on the ground or the person committing the crime will shoot you. That's false imprisonment, since you're unable to leave and are being held against your will.

What is the definition of false imprisonment?

False imprisonment is, at its core, any imprisonment or restriction of another person's movement without one's consent or legal justification. Although it's called imprisonment, you don't actually have to be imprisoned for this to take place. Being held at gunpoint in a field could still be false imprisonment.

To file a claim against a police officer or other party for false imprisonment, you'll need to show that it was a willful detention and that it was without your consent. Additionally, you'll have to show that it was unlawful. An unfair use of authority, for example, can result in false imprisonment by the police.

If you can prove all three factors, then you're in a position to win your case against the party responsible for the false imprisonment.

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