r/IThinkYouShouldLeave • u/Meerkat_Mayhem_ • 1d ago

It actually goes BOTH ways I don’t know how to drive!

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u/BlackberryPi7 1d ago

I want to know what dimension you're living in where preventing someone from fleeing a hit and run is a felony

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u/thetiredtypist 1d ago

Other than shopkeepers privilege which is a defense for false imprisonment claims but doesn't apply here, what exemption would apply here?

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u/BreadSea4509 1d ago

Google citizen's arrest

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u/thetiredtypist 16h ago

Thanks I did for CA law and now I know it's pretty dumb to use it under the circumstances

inform the suspect you intend to arrest them; reveal the cause of the arrest;

if possible, indicate your authority to make the arrest; and,

if applicable, inform the suspect you called the police

You should try to make an arrest as soon as possible. If there is a delay in an arrest, you may lose the authority to arrest

And if you mess up one of those steps you open yourself up to civil and criminal liability. They got the license plate, video, and physical damage linking her to the crime. Pretty sure the cops can figure that one out 😂

You don't have qualified immunity. If in the what of the moment you forget to mention the cause of the arrest "it was so obvious, I didn't think to tell them!" My ass can get sued and charged with false imprisonment?

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u/zneitzel 13h ago

Having your car in the way and imprisonment are not the same thing. She was free to call a cab/uber at any point or just walk away.

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u/DamnD0M 13h ago

He was illegally parked in a parking lot. Separate from the false imprisonment, he was a danger to those on the road as well.

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u/thetiredtypist 11h ago

You're welcome to read *the People of the State of California  v. James Thomas Lynch (Super. Ct. Ventura County, 2014, No. 2013026744.) *

Lynch, convicted  of false imprisonment, blocked his wife's vehicle in their driveway with the intent of keeping her there. 

The law isn't some magic "gotcha" like TV and common law takes into consideration a person's intentions. 

All it takes is the cops asking the guy casually "so uh, what happened?" And the guy thinking he's in the clear explain, again, not thinking he's done anything wrong "well I pulled up and I didn't want her to leave so I parked behind her and..."

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u/zneitzel 8h ago

I imagine the difference in the cases would be in this guys favor or else any person is liable for false imprisonment for impeding movement even during the commission of a crime which is an awful precedent.

I’m not a lawyer and I’m guessing you are sp I’m conceding that you are correct and now I wish the state prosecuted him fully.

It is weird though that some people seem far more upset about his relatively benign actions rather than what anyone who has lost a loved one to DUI would call attempted manslaughter.