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Wrongful detention is the detention of an individual where there is no likelihood or evidence that they have committed a crime against a legal statute, or in which there has been no proper due process of law. [1] [2] A person does not need to be arrested in order to be wrongfully detained.
The definition of false imprisonment under UK law and legislation is the "Unlawful imposition or constraint of another's freedom of movement from a particular place." [14] False imprisonment is where the defendant intentionally or recklessly, and unlawfully, restricts the claimant's freedom of movement totally. [15]
Detention can be due to (pending) criminal charges against the individual pursuant to a prosecution or to protect a person or property. Being detained does not always result in being taken to a particular area (generally called a detention center), either for interrogation or as punishment for a crime (see prison ).
Habeas corpus (/ ˈ h eɪ b i ə s ˈ k ɔːr p ə s / ⓘ; from Medieval Latin, lit. ' you should have the body ') [1] is an equitable remedy [2] by which a report can be made to a court alleging the unlawful detention or imprisonment of an individual, and requesting that the court order the individual's custodian (usually a prison official) to bring the prisoner to court, to determine ...
Finders of lost property may be entitled to use or ownership if the real owner cannot be identified. This is an overlap into the rules of trover. [168] [169] Unlawful and illegal acts. Unlawful contracts, illegal ownership and illegal activities on the part of the plaintiff can be a defense to an action in conversion.
In the United States, detinue is a possessory action having for its object the recovery of specific personal property and damages for its detention. [57] At common law an action of detinue would lie for the recovery of specific personal property unlawfully detained, or its value, and for damages for its detention. [58]
Hostage and Wrongful Detainee Day will be annually recognized on March 9 – the date on which former FBI agent Robert Levinson was abducted in Iran 17 years ago. Levinson is believed to have died ...
False arrest, unlawful arrest or wrongful arrest is a common law tort, where a plaintiff alleges they were held in custody without probable cause, or without an order issued by a court of competent jurisdiction.