Defenses to False Imprisonment?
- 1. Shopkeeper's privilege
- ---D reasonably believed that P stole
- ---D must confine P reasonable (manner and length of time)
- 2. Consent:
- ---Did P consent to the scope of the actual confinement that was done?
- 3. Privilege of Arrest
- ---a misdemeanor arrest without a warrant is privileged only if:
- ---1. the misdemeanor was a breach of the peace, and
- ---2. committed in the presence of the arresting party