False imprisonment in California is the act of intentionally taking away another person’s freedom without being legally allowed or justified to act so.
This generally refers to situations when people are illegally and wrongfully arrested by police officers for something that they did not deserve to be arrested for. Therefore, if someone is arrested for something that they do not deserve to be arrested for, the arresting police officers have intentionally and illegally taken that persons freedom. In these types of situations, officers can be found liable and/or guilty for false imprisonment.
According to CACI 1400, the plaintiff must be able to establish the following elements to prove the claim of wrongful imprisonment:
Under California Penal Code Section 236 PC it a crime to falsely imprison another person. But, false imprisonment is also a tort that can give rise to a civil lawsuit.
The definition and elements of the tort of false imprisonment are similar to the crime under PC Section 236. A person guilty of the crime of false imprisonment will face criminal penalties. In a civil suit involving false imprisonment, a person sues another party to recover damages that false imprisonment caused.
In California police officers arrest people under the authority of Penal Code Section 836, which provides that a peace officer can make an arrest with or without a warrant when:
In case a police officer has a warrant to arrest a person, it doesn’t necessarily mean that the officer has the authority to arrest him.
Illegal imprisonment can occur even if a warrant was issued before the arrest. A warrant issued as the result of a fraudulent claim made by a peace officer can lead to an unlawful arrest.
The idea that an arrest warrant can be invalid is significant because it is one of the elements the plaintiff must prove to sue for false imprisonment. At the same time, it is also one of the defenses that a peace officer can possibly use. The other elements are similar to the above-mentioned elements.
An arrest without a warrant is illegal unless the arrested person has in fact committed a crime or the arresting police officer has reasonable cause to think so.
There is no exact rule to determine the reasonable cause and each case must be decided on its own facts.
In California, a private citizen has the right to make another citizen’s arrest. A citizen’s arrest is considered legal in case the private citizen is able to prove that the perpetrator either committed a crime or was about to commit a crime.
An arrest occurs when a citizen either restrains a perpetrator himself until the police arrive, or calls for an officer, leading to the perpetrator’s arrest.
Here are some possible damages which the plaintiff may recover in a civil false imprisonment case:
If you or your loved one has been accused of false imprisonment, per California Penal Code Section 236, KAASS Law invites you to reach out to us for a free legal consultation.
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