![]() | The examples and perspective in this article deal primarily with the United States and the United Kingdom and do not represent a worldwide view of the subject. (April 2021) |
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.[1]
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.[2]
Under common law, false imprisonment is both a crime and a tort.
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