What is false imprisonment?

False imprisonment refers specifically to the unlawful restraint of an individual’s freedom of movement. It occurs when a person is detained against their will without any legal justification, meaning that the individual has not consented to the confinement, and there is no legal authority supporting such an action.

In this context, a person can be considered to be falsely imprisoned if they are held in a way that prevents them from leaving, particularly in private spaces where their liberty is constrained without appropriate legal backing. Proper legal justifications, such as warrants or lawful custodial situations, are essential elements in differentiating between lawful detention and false imprisonment.

While preventing someone from leaving a public space may seem relevant, this action must meet legal criteria to be classified as false imprisonment. In lawful situations, individuals may be detained under specific circumstances (e.g., if they pose a threat to themselves or others), which would not constitute false imprisonment. Therefore, the essence of false imprisonment lies in the absence of legal justification for the detention.