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?


Asked on 10/04/09, 10:28 am

1 Answer from Attorneys

Neil O'Brien Eaton County Special Assistant Prosecuting Attorney

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.)

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Answered on 10/09/09, 10:58 am


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