A shopkeeper, who has cause to believe that the detainee has committed or attempted a theft of store property, is allowed to ask the suspect to demonstrate that they have not been shoplifting.
Absent such privilege, a shopkeeper would be faced with the dilemma of either allowing suspects to leave without challenge or acting upon their suspicion and risk making a false arrest.
[6] In order for a customer to be detained, the shopkeeper must:[7] In Enright v. Groves, a woman sued a police officer for false imprisonment after being arrested for not producing her driver's license.
The plaintiff was in her car when she was approached by the officer for not leashing her dog; she was arrested after being asked to produce her driver's license and failing to do so.
[10] In a Louisiana case in the United States, a pharmacist and his pharmacy were found liable by a trial court for false imprisonment.
[13] The definition of false imprisonment under UK law and legislation is the "Unlawful imposition or constraint of another's freedom of movement from a particular place.
"[14] False imprisonment is where the defendant intentionally or recklessly, and unlawfully, restricts the claimant's freedom of movement totally.
Any restraint of the liberty of a free man will be an imprisonment.An example of reckless imprisonment may be a janitor locking up a school for the night, knowing that someone might still be inside, but without bothering to check.
False imprisonment does not require a literal prison, but a restriction of the claimant's freedom of movement (complete restraint).
[25] 'Imprisonment is, as I apprehend, a total restraint of the liberty of the person, for however, short a time, and not a partial obstruction of his will, whatever inconvenience it may bring on him.
It may also be false imprisonment where a person is rendered unconscious, for example, by being punched (also a battery), or when their drink is spiked by drugs (also wilful harm or negligence), because their freedom of movement is thereby restricted.
[15] Likewise, a master of a ship,[31] or the pilot of a plane[32] can detain people during a voyage or flight when they have a reasonable cause or grounds to believe it necessary for the safety of their other passengers.
Lois Austin, a peaceful protester who had not broken the law, and Geoffrey Saxby, an innocent passer-by who was not involved in the demonstration, claimed that they were falsely imprisoned by the London Metropolitan Police and that their detention was in breach of the European Convention of Human Rights.
If the victim was acting illegally, locking them in a room to protect oneself whilst calling the police is a legitimate defence.
If the false imprisonment was for a minimal amount of time, the claimant could be entitled to nominal damages, as this tort is actionable per se.
In Walker v Commissioner of the Police of the Metropolis [2014][21] where someone was stopped in a doorway for a couple of seconds this was still held to be false imprisonment.
When law enforcement authorities violate the fundamental rights enshrined in the constitution by detaining people without sufficient reason or disregarding due process, then it undermines the country's judicial system.
Such actions violate individuals' rights while gravely damaging public trust in the criminal justice process.
For example, in the case of Hook v Cunard Steamship Co Ltd[41] the sailor was confined to his quarters and accused of child molestation but with 'no vestige of grounds in support',[41] this was held to be false imprisonment and aggravated damages were available due to this causing humiliation and injury to the claimant's feelings.