To claim false imprisonment, you must reasonably believe that you are confined; a court will determine whether the belief is reasonable by determining what a reasonable person would do or believe under similar circumstances.
Additionally, the actor must have the intent to commit the confinement without the privilege to do so. For instance, shop owners investigating shoplifting or civilians who witness a felony have the privilege to carry out certain actions.
Examples of false imprisonment may include the following:
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- A person locking another person in a room without their permission
- A person grabbing onto another person without their consent, and holding them so that they cannot leave
- A security guard or store owner who detains someone for an unreasonable amount of time-based on their appearance
- An employer who detains someone for questioning for an unreasonable amount of time for suspected theft.
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