False imprisonment happens anytime you're restrained without legal authority. It's not just about being locked in a jail cell.
It can be a holding cell at a precinct. The back of a police vehicle where the door handles don't work from inside. An interrogation room where you're told you can't leave.
It can be standing on a street corner in handcuffs during an illegal stop. Being held "for questioning" when officers have no legal grounds to keep you there.
False imprisonment includes:
- Detention past legal time limits before arraignment
- Being held after making bail or posting bond
- Store detentions without proper cause (shopkeeper's privilege violations)
- Workplace confinement without justification
- Any situation where you're not free to leave without legal basis
The key point: It's not about physical barriers. It's about denying your freedom to leave without legal justification.
You don't need to be formally arrested. You don't need to be charged with a crime. If officers restricted your freedom without legal authority, that's false imprisonment.
Extended detention without charges is one of the most common scenarios. Officers hold you for hours or days without filing charges, hoping something will develop.
Being held beyond arraignment or after bail is posted. The paperwork says you can go, but you're still sitting in a cell because the system is slow or someone made an error.
Detention after charges are dismissed. The case falls apart, but you're still in custody because the wheels turn slowly.
Prolonged traffic stops without justification. What should be a quick license check turns into an hour-long detention while officers search for reasons to arrest you.
"Stop and frisk" encounters that become detentions. What officers claim is a brief investigative stop turns into prolonged restraint without sufficient basis.
Administrative problems that trap people:
- Computer errors showing outstanding warrants that don't exist
- Paperwork mistakes keeping you jailed
- Miscommunication between departments about your status
- Lost or misplaced release orders
Detention during unlawful investigations. Officers hold you while they figure out whether they can charge you with something.
Being detained as a "material witness" inappropriately. Using witness detention as a pretext to hold someone without proper grounds.
Each of these scenarios represents a violation of your constitutional rights. Each deserves a legal response.
Police need probable cause or a warrant to arrest and detain you. Not a hunch. Not suspicion. Probable cause, which means specific facts indicating you likely committed a crime.
For investigative stops (Terry stops), they need reasonable suspicion. This must be brief and based on specific facts suggesting criminal activity. We're talking minutes, not hours.
New York law sets time limits on holding people before arraignment. These limits exist to prevent indefinite detention without judicial review.
You have the right to be informed why you're detained. Officers can't just grab you and refuse to explain. You're entitled to know the basis for losing your freedom.
Understanding the difference between violations:
- False arrest: unlawful initial seizure (no probable cause to arrest)
- False imprisonment: unlawful continued detention (continuing to hold you after basis for detention ends)
- Often arise from the same incident and both claims can be pursued
The Fourth Amendment to the U.S. Constitution protects against unreasonable seizures. New York State Constitution provides additional protections.
You have remedies under both state and federal law. I pursue all available avenues for compensation and accountability.
