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.
Oregon USLegal Guide to Unlawful Detention
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US-GDE-01
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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.
Aggravated kidnapping. commit a sexual offense as described in Title 76, Chapter 5, Part 4, Sexual Offenses. A violation of Subsection (2) in the course of committing unlawful detention is a third degree felony. A violation of Subsection (2) in the course of committing kidnapping is a first degree felony.
Utah Code 76-5-304 sets forth the elements of a criminal charge for unlawful detention. This charge requires proof that a person "knowingly and intentionally" detained or restrained a person under circumstances not constituting a violation of one of Utah's kidnapping statutes.
An actor commits unlawful detention of a minor if the actor is at least four or more years older than the minor, and intentionally or knowingly, without authority of law, and against the will of the minor, coerces or exerts influence over the minor with the intent to cause the minor to remain with the actor for an ...
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.
"Minor" means an individual who is under 18 years old.