THIS is what the 14th Amendment leads to:: By Sovereign Not-a Citizen False Arrest / Imprisonment 1. Prima facie any restraint put by fear or force on the actions of another is unlawful and constitutes a “false imprisonment” for which damages are recoverable. Schramko v. Boston Store, 243 Ill. App. 251 2. Miranda decision is not applicable to the routine traffic offense where the driver is detained no longer than is necessary to make out the citation and have it signed, but the Miranda warnings must be given prior to any questioning regarding the state of intoxication of the driver or when an arrest is to be made. Campbell v. Superior Court In and For Marciopa County, 479 P.2d 685 (1971) 3. False imprisonment” consists of unlawful detention of person. Commonweath v. Brewer, 167 A. 386, 389 4. Any imprisonment which is not justifiable is a “false imprisonment.” Warner v. State, 68 N.Y.S.2d 60, 66 5. “False imprisonment” is the illegal restraint of one’s person against his will. Mobley v. Broome, 102 S.E.2d 407, 409 6. An action for “false imprisonment” is based upon the deprivation of one’s liberty without legal process. Parrish v. Hewitt, 18 S.E.2d 141, 143 7. “False imprisonment” is a trespass committed by one against the person of another by unlawfully arresting him and detaining him without any legal authority. Lippert v. State, 139 N.Y.S.2d 751, 755 8. “False arrest” or “false imprisonment” consists of arrest of restraint without adequate legal justification. Forgione v. U.S., 202 F.2d 249, 252 9. Where imprisonment has been extrajudicial, without legal process, it is “false imprisonment.” Batten v. McCarty, 158 N.E. 583, 585 10. The defendant must either prove that he did not imprison the party or he must justify the imprisonment. Floyd v. State, 12 Ark. 43, 47 11. “False imprisonment” is the unlawful restraint of a person without his consent either with or without process of law. Doescher v. Robinson, 271 N.W. 784, 786 12. “False imprisonment” is forcible wrong for which action for damages can be maintained against a corporation. J.J. Newberry Co. v. Judd, 83 S.W.2d 359, 361 13. “False imprisonment” is unlawful arrest or detention of person without warrant or by illegal warrant or warrant illegally executed. Reilly v. United States Fedelity & Guaranty Co., 15 F.2d 314, 315 14. To constitute the injury of “false imprisonment” the two requisites are the detention of the person, and the unlawfulness of such detention. Cohen v. Lit Bros., 70 A.2d 419, 421 15. “False imprisonment” may be accomplished without actual arrest, assault or imprisonment, and may be committed by words alone or by acts alone, or by both. S.H. Kress & Co. v. Bradshaw, 99 P.2d 508, 511 16. All that is necessary to constitute “false imprisonment” is that the individual be restrained of his liberty without any sufficient legal cause by words or acts which he fears to disregard. Panisko v. Drebelbis, 124 P.2d 997, 1000 17. Physical restraint is not essential to “false imprisonment” if words and conduct induce reasonable apprehension that resistance or attempted flight would be futile. Halliburton-Abbott Co. v. Hodge, 44 P.2d 122, 125 18. Officer who refused to issue citation to motorist for violation of speed laws and directed motorist to follow him to office of justice of the peace, and who upon motorist’s failure to follow obtained warrant and arrested motorist thereunder, was guilty of “false imprisonment.” Montgomery v. State, 170 S.W.2d 750, 752 19. One who charges “false imprisonment” must show by evidence that he was falsely imprisoned by the persons or person charged, or adduce evidence from which it may be reasonably inferred that he was so imprisoned. Jonson, Heller, 6 N.W.2d 359, 360 20. Any imprisonment which is not justifiable is a “false imprisonment” and subjects him who is responsible therefor, whether as principle or agent, to an action in tort for damages. Grago v. Vassello, 19 N.Y.S.2d 34, 36 21. “False imprisonment” consists in the unlawful detention of the person of another for any length of time whereby he is deprived of his personal liberty, and furnishes a right of action for damages to the person so detained. Sinclair Refining Co. v. Meek, 10 S.E.2d 76 22. It must not be forgotten that there can be no arrest without due process of law. An arrest without a warrant has never been lawful, except in those cases where the public security requires it; and this has only been recognized in felony, and in breaches of the peace committed in the presence of the officer. Exparte Rhodes, 79 So. 462, 465; Sarah Way’s Case, 41 Mich. 304; Pinkerton v. Verberg, 44 N.W. 579; State v. Williams, 77 Pac. 965; Adair v. Williams, 24 Ariz. 422 23. Officers are justified in arresting without warrant only in cases of felony and breaches of the peace. This elementary. It is needless to city authorities. Tillman v. Beard, 80 N.W. 248 24. When a police officer stops a moving vehicle for a brief detention, it is sufficient to constitute an arrest. 5 Am J2d, Arrest, Sec. 1, pg 696 25. Anyone who assists or participates in an unlawful arrest or imprisonment is equally liable for the damage caused. Thus where a man was illegally arrested by a police officer, and was placed in a patrol wagon in which he was taken to the central station, it was held that the two officers in charge of the patrol wagon were liable, along with the arresting officer, for false imprisonment. Cook v. Hastings, 114 N.W. 71, 72 (1907) 26. An illegal arrest is an assault and battery. State v. Robinson, 72 A.2d 260, 262 (1950) 27. The arrest being wrongful, the defendant is liable for all the injurious consequences to the plaintiff which resulted directly from the wrongful act. Mandeville v. Guernsey, 51 Barb. 99 (N.Y.) 28. A false imprisonment generally includes an assault and battery, and always, at least, a technical assault. Black v. Clark’s Greensboro, Inc., 139 S.E.2d 199, 201 (1964) 29. False imprisonment was indictable offense at common law, and relief by the party aggrieved was obtained by an action for trespass vi et armis (with force & arms). Meints v. Huntington, 276 Fed. 245, 249 (1921) 30. The general rule of damages in cases of false imprisonment is that the person causing a wrongful imprisonment is that the person causing a wrongful imprisonment is liable for all the natural and probable consequences thereof. The plaintiff is entitled to recover damages for what the party wrongfully did. Knickerbocker Steamboat Co. v. Cusack, 172 Fed. 358, 360 (1905) 31. In a case of malicious prosecution the arrest or detention is procured from malicious motives and without probable cause, but was done under lawful process; whereas in false imprisonment the detention is without proper legal authority. Stallings v. Foster, 259 P.2d 1006, 1009 (1953) 32. The law governing this case is elementary; except for a breach of the peace committed in his presence, or when he has reasonable ground to believe that the person arrested is a felon or is about to commit a felony, a police officer has no authority to arrest without a warrant. Cook v. Hastings, 114 N.W. 71, 72 33. At common law, a peace officer may arrest without a warrant for a breach of the peace committed in his presence, but for no other misdemeanor. Galliher v. Commonwealth, 170 S.E. 734, 736 (1933) 34. The duty of one making an arrest to bring the prisoner before a proper magistrate that proceedings for the trial of the prisoner may be instituted and that he may have an opportunity to give bail or otherwise procure his release, is even more imperative than if a warrant had been issued before arrest; and if the prisoner is released without being brought before such magistrate, the officer or private person who made the arrest becomes a trespasser ab initio. Williams v. Zelzah Warehouse, 14 P.2d 177, 178 (1932) 35. It is the undoubted right of every person in this community not to be deprived of liberty without due process of law, and that it has long been recognized that arrests without warrants are justified in cases of treason, felony or breach of the peace, in which actual or threatened violence is an essential element. Commonwealth v. Krubeck, 8 Penn. Dist. Rep. 521, 522 (1899) 36. Impudent, abusive or offensive language addressed to a peace officer does not tend to breach the peace, even though it may provoke the officer to anger. Parrish v. Meyers, 225 P. 633, 634 (1924); Salem v. Coffey, 88 S.W. 772 (1905); People v. Lukowsky, 159 N.Y.S. 599 (1916); Myers v. Collett, 268 P.2d 432, 434 (1954); 37. The mere refusal to give one’s name and address does not justify the incarceration of a citizen. Scott v. Feilschmidt, 182 N.W. 382, 384 (1921); 38. An officer cannot arrest because he thinks or has suspicions that a breach of peace might be committed. The cause for arresting upon such cases must be when a breach of the peace is “threatened” or its occurrence is “imminent.” Price v. State, 175 A.2d 11, 16 (1961) 39. An arrest for breach of the peace cannot be justified merely upon belief or suspicion existing in the mind of the officer. Hughes v. State, 238 S.W. 588, 596 (1922) 40. If the officer must show the warrant, if required, then it is plain that it must be in his actual possession. It would be absurd to construe this to mean that after making the arrest the officer must, if required, take the defendant to some other place and there show him the warrant. People v. Shanely, 40 Hun 477, 478 (1886) 41. It is the duty of an officer who attempts to make an arrest to exhibit the warrant if he has one. Jones v. State, 39 S.E. 861 (1901) 42. The requirement to bring an arrested person directly to a court or judge is due process of law, and as such this procedure cannot be abrogated by statute. Hill v. Smith, 59 S.E. 475 (1907); Folson v. Piper, 186 N.W. 28, 29 (1922) 43. Neither the guilt nor innocence of the person arrested has anything to do with the legality of the arrest. Michigan Law Review, Vol. 31, Pg 750 (1933) 44. Under the great weight of authority, and officer making an arrest for a misdemeanor not committed in his presence must have the warrant for such arrest in his actual possession if the arrest is to be lawful. Smith v. State, 208 So.2d 746, 747 (1968) 45. The warrant must at the time of arrest be in the possession of and with the person purporting to act thereunder or of one with whom he is acting in conjunction. Accordingly, where the warrant is at the officer’s house some distance from the scene of the arrest, or in the hands of another who is not at the scene or arrest, or in the central office of a city detective bureau, the arrest is unlawful. 6 C.J.S., Arrest, Sec. 4, pg 576 46. Where an officer arrests a person without a warrant, the burden rests upon the officer to plead and prove justification. Otherwise the arrest is prima facie unlawful. Evans v. Jorgenson, 234 N.W. 292, 293 (1931) 47. Where a man deprives another of his liberty, the injured party is entitled to maintain an action for false imprisonment, and it is for the defendant to justify his proceeding by showing that he had legal authority for doing that which he had done. Jackson v. Knowlton, 53 N.E. 134 (1899) 48. The law watches personal liberty with vigilance and jealousy; and whoever imprisons another, in this country, must do it for lawful cause and in a legal manner. Pratt v. Hill, 16 Barb. Rep. 303, 308 (1853) 49. As in all cases of illegal arrest, the officer is bound to know these fundamental rights and privileges, and must keep within the law at his peril. Thiede v. Town of Scandia Valley, 14 N.W.2d 400 (1944) 50. The language of the Fourth Amendment that “…now Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing…the persons or things to be seized,” of course applies to arrest as well as search warrants. Giordinello v. United States, 357 U.S. 480 (1958) 51. Executive officers or clerks are not to determine if a person arrested is to be held or released upon bail, or fix the amount of bail, since the power to do so is judicial. Bryant v. City of Bisbee, 237 P. 380, 381 (1925) 52. If a person was being detained for the purpose of arrest, it was the duty of the arresting officer to take him before an examining magistrate as soon as the nature of the circumstance would reasonably permit. The power to arrest does not confer upon the arresting officer the power to detain a prisoner for the other purposes. Geldon v. Finnegan et al., 252 N.W. 369, 372 (1934) 53. A person may not be arrested, imprisoned and released upon judgment or at the discretion of a constable or any one else. If the alleged offense be criminal in its character the officer may arrest and take the offender before a magistrate for trial and a constable who constitutes himself the judge, jury and executioner is guilty of despotism. State v. Parker, 75 N.C. 249, 250 (1876) 54. One who interferes with another’s liberty does so at his peril. Kroger v. Passmore, 93 P. 805, 807 (1908); McBeath v. Campbell, 12 S.W.2d 118, 122 (1929) 55. Unlawful detention or deprivation of liberty is the basis of an action for the tort of false imprisonment, and that actual seizure or the laying on of hands is not necessary to constitute an unlawful detention. Hanser v. Bieber, 197 S.W. 68, 70 (1917) 56. The essential elements of an unlawful detention are (1) detention or restraint against one’s will; (2) the unlawfulness of such detention or restraint. Sinclair Refining Co. v. Meek, 10 S.E.2d 76, 79 (1940) 57. False imprisonment is a wrong akin to the wrongs of assault and batttery, and consists in imposing, by force or threats, and unlawful restraint upon a man’s freedom of locomotion. Meints v. Huntington, 276 F. 245, 248 (1921) 58. Every confinement of a person is an imprisonment, whether it be in a common prison, or in a private house, or in the stocks, or even by forcibly detaining one in the public streets. Fox v. McCurnin, 218 N.W. 499, 501 (1928) 59. The power of detaining a person arrested, or restraining him of his liberty, is not a matter within the discretion of the officer making the arrest. Harness v. Steele, 64 N.E. 875, 878 (1902); Stromberg v. Hansen, 225 N.W. 148, 149 (1929) 60. A warrantless arrest by a peace officer, if challenged, is presumptively invalid. Gatlin v. U.S., 326 F.2d 666 61. A search and seizure which precedes an arrest is usually considered unlawful. Sibron v. State, 392 U.S. 40 62. A warrant of arrest is designed to meet the dangers of unlimited and unreasonable arrest of persons who are not at the moment committing a crime. Re Moten, 242 So.2d 849 Example of damages or injuries sustained because of unlawful acts: Bodily pain, great physical inconvenience and discomfort, loss of time, mental suffering, injury to reputation, distress, and anguish, humiliation of mind, embarrassment, shame, public ridicule, invidious publicity, and public disgrace. Fingerprinting Fingerprint evidence is no exception to the rule that all evidence obtained by searches and seizures in violation of the Constitution is inadmissible in a state court. Davis v. Mississippi, 384 U.S. 436
Posted on: Fri, 08 Nov 2013 21:12:21 +0000
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