Unlawful Detainment

cincy · #1 01-04-2009, 02:27 PM

My question involves criminal law for the state of: Ohio

Can a municipality maintenance worker detain an individual(s) on a public road until the police arrive - believing a "crime" had been committed by those individuals? In this case, trespassing? Could this be considered unlawful detainment?

cdwjava · #2 01-04-2009, 04:01 PM

Quoting cincy

My question involves criminal law for the state of: Ohio

Can a municipality maintenance worker detain an individual(s) on a public road until the police arrive - believing a "crime" had been committed by those individuals? In this case, trespassing? Could this be considered unlawful detainment?

What did he hold you for?

2935.04 When any person may arrest.

When a felony has been committed, or there is reasonable ground to believe that a felony has been committed, any person without a warrant may arrest another whom he has reasonable cause to believe is guilty of the offense, and detain him until a warrant can be obtained.

2935.06 Private person making arrest.

A private person who has made an arrest pursuant to section 2935.04 of the Revised Code or detention pursuant to section 2935.041 of the Revised Code shall forthwith take the person arrested before the most convenient judge or clerk of a court of record or before a magistrate, or deliver such person to an officer authorized to execute criminal warrants who shall, without unnecessary delay, take such person before the court or magistrate having jurisdiction of the offense. The officer may, but if he does not, the private person shall file or cause to be filed in such court or before such magistrate an affidavit stating the offense for which the person was arrested.

If he believed you had committed a felony, then it's okay.

Even if he made a mistake, unless his actions were unreasonable I doubt he will be charged with a crime. You can try and sue him, but I wouldn't expect a DA to prosecute him. Plus, it won't likely help you get out of whatever predicament you have found yourself in.

As this appears to be for trespassing (likely a misdemeanor) then he could no make a private person's arrest. But! He CAN ask you to remain on scene. If he did not utilize unreasonable or otherwise unlawful physical force to compel you to stay, then your compliance can be seen as voluntary.

What is it you hope to have come from this?

- Carl

BOR · #3 01-04-2009, 04:17 PM

Quoting cincy

My question involves criminal law for the state of: Ohio

Can a municipality maintenance worker detain an individual(s) on a public road until the police arrive - believing a "crime" had been committed by those individuals? In this case, trespassing? Could this be considered unlawful detainment?

Ohio has a codification of Unlawful restraint. This is short of arrest.

Example: A woman's purse is stolen, a good samaritan grabs him and holds him until Police arrive on scene. He restrained him of his liberty within Due Course of law.

It is probably NOT Tortious/unlawful in nature what the worker did, as long as he exercised reasonable force to do so.

Edit:

http://codes.ohio.gov/orc/2905.03

cincy · #4 01-04-2009, 04:26 PM

Blocked our vehicle on a public road with his municipal vehicle. No felony, no intent to commit any offense, mistake of property line...hence the trespassing. Simply witnessed us on the property and made it impossible for us to leave until the authorities arrived.

BOR · #5 01-04-2009, 04:31 PM

Quoting cincy

Blocked our vehicle on a public road with his municipal vehicle. No felony, no intent to commit any offense, mistake of property line...hence the trespassing. Simply witnessed us on the property and made it impossible for us to leave until the authorities arrived.

The facts described, it may have been a very weak determination you commited a crime. I may have to agree here with you here, it "could" be false detainment. Private citizens are not authorized to engage in such on "suspicion". He could have easily copied your LP down.

cyjeff · #6 01-04-2009, 04:39 PM

There is a vast difference between detaining a VEHICLE and the people inside it.

They could have gotten out and left at any time, right?

cdwjava · #7 01-04-2009, 04:42 PM

But, given the circumstances, I'd say that a criminal prosecution would be highly unlikely even if a crime could be articulated. Unless the actions were unreasonable, I'd say that the state will not want to discourage people from attempting to reasonably detain suspect violators of the law if safe to do so. While we can debate the wisdom of the detention (more out of safety concerns for the muni employee than civil or criminal liability), it does not seem to be so egregious that the state would wish to pursue a criminal charge given the intent. Most states try and act within the intent of the law, not the letter of the law.

If you wish to try and pursue a civil action you may do so, but I suspect that it will be for naught.

What do you WANT to see happen here?

- Carl

cdwjava · #8 01-04-2009, 04:44 PM

Quoting cyjeff

There is a vast difference between detaining a VEHICLE and the people inside it.

They could have gotten out and left at any time, right?

Excellent point.

It might again fall back on the argument o what was "reasonable" versus what was "unreasonable."

Personally, if I owned some property where people might have been trespassing and perhaps doing damage or committing some other crime, I would hope that someone might act to protect my interests. This action seems reasonable.

- Carl

BOR · #9 01-04-2009, 04:52 PM

Quoting cyjeff

There is a vast difference between detaining a VEHICLE and the people inside it.

They could have gotten out and left at any time, right?

Maybe yes, maybe no? If they were ordered to stay at the scene by way of action and not words or both, how did the detainees know it was not a lawful order, such as a policeman would give?

If they would have left and been charged with some obstruction/fleeing statute, then some would argue they should have not left.

I read case law once to the effect a person left detention while being detained as a shoplifter and was charged with criminal Escape! I don't know if it was OLD law or not, but did read it.

cyjeff · #10 01-04-2009, 04:53 PM

Quoting BOR

Maybe yes, maybe no? If they were ordered to stay at the scene by way of action and not words or both, how did the detainees know it was not a lawful order, such as a policeman would give?

If they would have left and been charged with some obstruction/fleeing statute, then some would argue they should have not left.

I read case law once to the effect a person left detention while being detained as a shoplifter and was charged with criminal Escape! I don't know if it was OLD law or not, but did read it.

You may be right.

But the question was unlawful detainment. I have yet to see where they were detained.

If they wanted to know what a police man would say, they should have been happy to wait for one...