This guide provides an overview of when a law enforcement officer mat legally detain someone suspected of a crime. Some of the issues covered include how to legally conduct a stop, and when frisking and searches of vehicles are allowed.
Nevada USLegal Guide to Unlawful Detention
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Multi-State
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US-GDE-01
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Victims of unlawful arrest or unlawful detainment can file a complaint against the law enforcement officials involved, submit an exclusionary motion or file a lawsuit demanding an injunction or seek retribution for monetary damages.
Shouse Law Group » Civil Rights » Unlawful Police Detentions. Unlawful police detention is when law enforcement, without legal justification, restricts your freedom to leave. Doing so constitutes a civil rights violation based on the Fourth Amendment.
A false arrest is the restraint or detention by one person of another without lawful justification (probable cause or a valid arrest warrant) under an asserted legal authority to enforce the process of the law. False arrest is also referred to as false imprisonment and is generally considered a misdemeanor offense.
To prove a false imprisonment claim as a tort in a civil lawsuit, the following elements must be present: There was a willful detention; The detention was without consent; and. The detention was unlawful.
Examples of Unlawful Detention Conducting an unlawful arrest; Detaining someone for an unreasonable cause; Detain someone for an excessively long period; and. Restraining with or using excessive force in an arrest.