Legal Question in Criminal Law in Michigan
Do I have a valid lawsuit for false imprisonment if I was arrested for shoplifting but I didn't shoplift anything and the police didn't find any stolen merchandise on me when they arrested me?
1 Answer from Attorneys
If you're asking whether someone can be criminally prosecuted for the crime of unlawful imprisonment (a 15-yr felony): No. First, the statute is more of a Kidnapping Lite crime, and requires proof that a weapon was used to restrain the person, or that the person was confined in a "secret" place, etc. Second, your detainment was done under a claim of right: store personnel had factual reasons from their observations that you had participated in a theft. They were not doing this maliciously.
If you are asking about filing a lawsuit to collect money damages, then that's not a "criminal law" issue ... but it's the section of LawGuru.com where you posted this. You should repost this question in a more appropriate section, like "Tort Law". (A tort is a private wrong, and can be a basis for a civil lawsuit.)
Related Questions & Answers
-
I own a kennel business. As I am sole owner, I make appointments inbetween customers... Asked 10/04/09, 8:03 am in United States Michigan Criminal Law
-
A young man 18 yrs. old priors as a juvenile no priors as an adult charges are: ccw,... Asked 10/03/09, 6:22 pm in United States Michigan Criminal Law
-
I gave a witness statement and the police got it alll wrong is there anything I can... Asked 10/03/09, 1:45 pm in United States Michigan Criminal Law
-
I have a question. I am a MI resident. I went through a nasty divorce which was... Asked 10/02/09, 11:12 pm in United States Michigan Criminal Law