Criminal law (2022): Crimes against the person: False imprisonment

False imprisonment or unlawful imprisonment occurs when a person intentionally restricts another person’s movement within any area without legal authority, justification, or the restrained person's permission. Actual physical restraint is not necessary for false imprisonment to occur. A false imprisonment claim may be made based upon private acts, or upon wrongful governmental detention. For detention by the police, proof of false imprisonment provides a basis to obtain a writ of habeas corpus.

Under common law, false imprisonment is both a crime and a tort.

Imprisonment.

Within the context of false imprisonment, an imprisonment occurs when a person is restrained from moving from a location or bounded area, as a result of a wrongful intentional act, such as the use of force, threat, coercion, or abuse of authority.

Detention that is not false imprisonment.

Not all acts of involuntary detention amount to false imprisonment. An accidental detention will not support a claim of false imprisonment since false imprisonment requires an intentional act. The law may privilege a person to detain somebody else against their will. A legally authorized detention does not constitute false imprisonment. For example, if a parent or legal guardian of a child denies the child's request to leave their house, and prevents them from doing so, this would not ordinarily constitute false imprisonment.

By country.

United States.

Under United States law, police officers have the right to detain individuals based on probable cause that a crime has been committed and the individual was involved, or based on reasonable suspicion that the individual has been, is, or is about to be engaged in a criminal activity.

Elements.

To prevail under a false imprisonment claim, a plaintiff must prove:

1. Willful detention in a bounded area

2. Without consent; and

3. Without authority of lawful arrest. (Restatement of the Law, Second, Torts)