posted on Oct, 18 2011 @ 11:06 AM
Originally posted by 00001
Wow! Did I just witness a kidnapping ?
That, by law, is exactly what that was - along with unlawful imprisonment and a host of other civil violations.
Two key elements are common to all charges of kidnapping. First, the asportation or detention must be unlawful. Under various state and federal
statutes, only two asportations constitute kidnapping: Police officers may arrest and jail a person they suspect of a crime, and parents are allowed
to reasonably restrict and control the movement of their children.
Second, some aggravating circumstance must accompany the restraint or asportation. This can be a demand for money; a demand for anything of value;
an attempt to affect a function of government
(ie:do to another person what is only legally done by police or other government officials); an
attempt to inflict injury on the abductee; an attempt to terrorize a third party; or an attempt to commit a felony.
To prevail under a false imprisonment claim, a plaintiff must prove: (1) willful detention; (2) without consent; and (3) without authority of
law.(Restatement of the Law, Second, Torts)