Is taking an injured person to a hospital without their consent kidnapping? I found this definition of "kidnapping" on Google: kidnap, verb. Take (someone) away illegally by force, typically to obtain a ransom. Synonyms: abduct, carry off, capture, seize, snatch, take hostage. "they attempted to kidnap the president's child" But if I am lying on ground bleeding and too weak to move much less fight, and a person I do not know/trust finds me and takes me when I don't want to go with them to his car and drives me off somewhere, even if it's to a hospital, then are they kidnapping me by law of the United States? Especially if they don't call my parents/husband?
Your question is about "Would it be kidnapping if I was injured and someone took me to a hospital without my consent", so I don't understand these other answers which say "it depends on the situation". The key point is what you mean by "without my consent". Good Samaritan laws are also relevant, which offer defenses to people who do things that would otherwise be unlawful when they are doing it with good intentions to help someone who they believe is injured or would become injured without their intervention. The main things to consider are the degree of injury, which is a spectrum ranging from no injury at all to being dead, and whether the injured person is conscious. Are you so injured that you are unconscious? In most jurisdictions, being unconscious is considered as you consenting to any actions which are done with the intent of giving you medical assistance, which is on a spectrum of saying "hey are you ok?" or shaking you in order to wake you up, all the way up to treatment including major surgery. So by being unconscious it is usually automatically consent, but if you are awake and are refusing help or treatment, even if you could die if you didn't receive treatment, it would be easy to argue that you were not consenting and that any treatment/assistance etc was unlawful. This situation sometimes happens, and EMTs are often trained to wait until the person goes unconscious to then give them medical assistance/transport etc, but assisting someone before they go unconscious could still be argued as permissible, if the injured person was so distressed that they were unable to give/refuse consent, or at least if the assistor believed that to be the case. This is why if someone has a major medical problem and is unconscious, hospitals can resuscitate them and even perform surgery without them signing a consent form. By being unconscious, it is considered that they are consenting to any necessary surgery to help them, even including amputation or other negative consequences. Conversely, if someone has a valid Advance healthcare directive on file which forbids measures such as resuscitation, they will be considered not to consent, and will usually be left alone without life-saving assistance. Resuscitating/performing surgery on someone in this case can be cause for damages to the injured person, because it would have been clear that they did not consent to such assistance.
An obvious example would be a contract that gives possession of something to someone else. It's normally legal to use some reasonable amount of force to protect or prevent trespasses against property you own, but if you give possession of that property to someone else you can lose that right. For example, you can use force remove a guest who refuses to leave real property you own, but can't use force to remove a tenant even if they broke the terms of your contract. In most jurisdictions you'd need to get a court order and have the police use force if necessary remove the tenant.
Giving someone drugs without their knowledge or consent, say in food or drink, is a criminal act. At the least it is a form of assault, and possibly a more serious crime could be supported by the facts. Note that people's reactions to drugs vary, and serious harm or even death can result from drugs that do not have serious effects on most people. Very serious criminal charges might then result. The facts should be reported to the police. If this is a case where the people receiving the drugs know about them, and want them, that is a very different matter, although it may still be illegal depending on the nature of the drugs. Note that under US law, an uninvolved witness is not normally required to report a crime, although reporting is strongly encouraged. This rule is different in different countries. That is, in some countries an ordinary citizen may be legally required to report a crime. In at least one state any person is required to report a crime if a victim is in danger of bodily harm (Wisconsin statute 940.34) There may be similar provisions in the laws of other states. People with some sort of duty of care, or who are made "mandated reporters" by statute, such as teachers and health professionals, may be legally required to file reports when they know or have reason to believe that a crime is underway or has taken place. Such statutes vary from state to state, and will be different in non-US countries.
A number of states, as well as the US Federal Government, have laws against &quot;fetal homicide&quot;, under which a woman might be prosecuted. The Alabama law, to take one example, defines homicide A person commits criminal homicide if he intentionally, knowingly, recklessly or with criminal negligence causes the death of another person and then defines &quot;person&quot; The term, when referring to the victim of a criminal homicide or assault, means a human being, including an unborn child in utero at any stage of development, regardless of viability. The abortion exception is stated thusly: Article 1 or Article 2 shall not apply to the death or injury to an unborn child alleged to be caused by medication or medical care or treatment provided to a pregnant woman when performed by a physician or other licensed health care provider but this exception, which codified a result of Roe v. Wade, could be repealed. There are various reported arrests, prosecutions and convictions of women reported here in cases where the woman did not obtain the abortion through approved medical channels. Generally, there are statutory provisions that preclude prosecution of women and physicians involved in a legal medical abortion, but you would have to carefully scrutinize the wording of those exceptions. If the exception is expressed unqualifiedly as an exception for abortion, then until the law is changed, a woman could not be prosecuting for obtaining an abortion. But if the exception is framed in terms of obtaining a legal abortion, then when abortions become illegal, prosecution of the woman becomes a possibility.
If an adult had physically restrained the miscreant brat, they could be sued for / charged with battery (which does not mean "beating up", per Cal Penal 242, it is the "willful and unlawful use of force or violence upon the person of another". In either case, there is a defense that can be mounted, the "defense of others" defense, to the effect that the person had a reasonable belief that it was necessary to prevent physical harm to others. Which means, the jury would imagine themselves in that situation and guess how likely it is that someone might get hurt. Lofting 5 lb chess pieces at a 2 year old could poke out an eye, especially since they haven't learned to duck at that age – however, I question (as would an opposing attorney) the characterization "quite dangerous". At any rate, it would depend on the level of danger posed. There is also a "proportionality" requirement for the defense of others defense: "The defendant used no more force than was reasonably necessary to defend against that danger" (CalCrim instruction 3470). The battery might not have been necessary, since simply getting between the criminal and his victims could have been sufficient. As to whether there would actually be a lawsuit, that depends in part on the mind-set of the parents. Assuming that the level of force did not rise above simple bodily contact, it is unlikely that a jury would vote to convict / find liable, but certainly not impossible. If under those circumstances the results would not be in serious doubt, then it is unlikely that the person would be prosecuted (the prosecutor wouldn't bother with such a case). We may also assume that a decent attorney would persuade the offended parent-client that it is not a good use of their money to pursue he matter. Still, the risk is not negligible, since you don't know whether you'll have bad luck with the jury, or whether the child suffers from eggshell skull syndrome and then you would be is serious trouble. I don't think the fears are unrealistic, though they may be improbable, and they could be definitive for people who live in fear.
We can look at Missouri law as an example. Missouri Statutes §577.029 says A licensed physician, registered nurse, phlebotomist, or trained medical technician, acting at the request and direction of the law enforcement officer under section 577.020, shall, with the consent of the patient or a warrant issued by a court of competent jurisdiction, withdraw blood for the purpose of determining the alcohol content of the blood, unless such medical personnel, in his or her good faith medical judgment, believes such procedure would endanger the life or health of the person in custody. Blood may be withdrawn only by such medical personnel, but such restriction shall not apply to the taking of a breath test, a saliva specimen, or a urine specimen. In withdrawing blood for the purpose of determining the alcohol content thereof, only a previously unused and sterile needle and sterile vessel shall be utilized and the withdrawal shall otherwise be in strict accord with accepted medical practices. Upon the request of the person who is tested, full information concerning the test taken at the direction of the law enforcement officer shall be made available to him or her. &quot;Shall&quot; means &quot;must&quot; – if there is a warrant (we assume there is no consent). Then the question is, what happens if the phlebotomist (etc) refuses? First, §577.031 immunizes the medical-person from legal liability when they act in compliance with a request from a LEO (a simple request, not necessarily accompanied by a warrant). §577.033 says that being dead, unconscious or otherwise incapable of refusing does not constitute withdrawal of consent (which is implied, by law). No specific penalty is prescribed for refusal to administer a court-ordered blood draw. There is no penalty for complying, there is no prescribed criminal penalty for refusing to comply with a court order (there is the possibility of a finding of contempt of court). Not every state is Missouri: I understand that Utah is different.
Does the person being searched have the right to demand the computer be turned off before it is taken on the grounds that the warrant is only for the computer, not for the activity he is currently involved in? No. A warrant will often specify that both information (which they have a reasonable suspicion is on the computer) and the computer itself (as contraband) are in the scope of the warrant. Even if it only specified specific information as the target, they can seize the computer that it may be on. The seizure takes place as-is. You don't get to tidy anything up. Things that the officers see while seizing the device or upon waking it from hibernation mode would be admissible under the "plain view" doctrine (or even just simply within the scope of the warrant, if what is on the screen is the information they're looking for).
This will probably depend on what you understand as a citizen's arrest and will probably differ from jurisdiction to jurisdiction. In Germany the closest thing to citizen's arrest is called Vorläufige Festnahme (Provisional arrest) and probably contains a different set of conditions when it can be used. § 127 Provisional arrest (1) If a person is caught in the act or is being pursued, any person shall be authorised to arrest him provisionally, even without judicial order, if there is reason to suspect flight or if his identity cannot be immediately established. The establishment of the identity of a person by the public prosecution office or by police officers shall be governed by section 163b (1). ... Through the usage of the word jedermann (any person), a child (minor) can also exercise this right. Sources: § 127 Provisional arrest - German Code of Criminal Procedure (Strafprozeßordnung – StPO)