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False Imprisonment

Our Goal

The goal of this website it to teach Moors the rights they aught to enforce. Knowledge is power and ignorance cost.

A Treatise On Arrest and False Imprisonment

Unlawful detention or deprivation of liberty is the basis of an action for the tort of "False Imprisonment."

The only essential elements of the action are:

(1) Detention or restraint against one's will; and

(2) The unlawfulness of such detention or restraint.

Playlist

1 Videos

OUTLINE:

1. Introduction
2. Definition of False Imprisonment
3. Arrest without Warrant
4. Breach of the Peace & Felony Arrests
5. Defenses to Unlawful Arrests
6. The Use of a Warrant in Arrests
7. Bringing Arrested Person Before a Magistrate
8. Distortions of Fundamental Law
9. Conclusions and Appendix

"No one shall be arrested or imprisoned but by the law of the land."
-This is called the common law and it is made constitutional law by the due process clause.

VALID WARRANT: VI AMENDMENT CLAUSE

The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.

1. Must be issed by a Judicial Officer and signed by him/her (NO STAMPED SIGNATURES);
2. It must state the facts that show the matter to be within the jurisdiction of the Judicial Officer issuing it;
3. It cannot be based on belief and suspicion, but issued upon “Probable Cause”;
4. It must list a complaint and state the offense committed and the facts that constitute a crime;
5. The warrant is to be supported with oath or affirmation, ie - signed affidavit made under oath by the person making the charge;
6. It must name the person to be arrested or describe the place to be searched or thing to be seized; and lastly
7. The warrant must command the arrest and to be brought before the nearest available magistrate.

ARREST WITHOUT WARRANT: V AMENDMENT CLAUSE

No person shall be deprived of life, liberty, or property, without due process of law.

1. The Arresting Agent must witness a Felony in progress, or
2. The Arresting Agent must witness a Breach of the Peace –
THIS DOES NOT INCLUDE MISDEMEANOR CITATION, which are municipal code violations. Civil matters that are not arrestible offenses pursuant to the Law of the Land, Due Process of Law, Common Law and Constitutional Law which ALL mean the same thing.

If based on the circumstances behind your arrest, if you based on the evidence presented you can file the tort claim of False Imprisonment, then based on the civil claim you therefore have the evidence to submit a motion to dismiss or quash the criminal charges brought against you.

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Playlist

7 Videos