Is it really an abduction if the protest or resistance ends before the &quot;victim&quot; is &quot;released&quot;? My friend ran into her ex-boyfriend at a store. They began arguing, he grabbed her and carried her to his truck, then drove off with her and didn't have her consent. She tells me that he was going to take her home after "dragging her to Burger King". She says he made her go. The police pulled them over on the way back and arrested him. She later had the charges dropped claiming she didn't want to send him to jail because he didn't hurt her. Was this an abduction and an illegal act? Does it become acceptable legally if she later is okay with being taken away? Was he therefore falsely arrested because there was no crime?
Yes. This is clearly kidnapping. It is probably not a terribly aggravated sub-type of kidnapping, but it is kidnapping nonetheless. It is probably a felony. The fact that the victim does not press charges, or ratifies the conduct after the fact, does not change the fact that a crime was committed. The police decision to arrest the ex-boyfriend was entirely proper. It was not a false arrest. They had probable cause to believe that a crime was committed by the ex-boyfriend, and, in fact, a crime actually was committed by the ex-boyfriend. In the United States, the prosecutor has full authority to prosecute the ex-boyfriend to the full extent of the law for felony kidnapping for his conduct, over the objections of the victim. The decision to prosecute or not is entirely in the discretion of the prosecutor who brings criminal charges on behalf of the state and not the victim. Often the police and prosecutors will honor a victim's wishes, and this appears to be what happened in this case, but they are not required to do so, and could change their minds and bring charges in the future against the ex-boyfriend within the statute of limitations, if they wanted to do so. (This analysis does not apply in countries with Islamic law, but the facts of the question suggest that Islamic law does not apply in this jurisdiction.)
The legal system is set up to alleviate the problem or conundrum of intimidation by perpetrators. In the US criminal system, the State is the plaintiff, not the individual. In the extant described situation, very likely all you would have to do is sign an affidavit that the recovered phone is your phone, and that it was removed from your possession by unknown means on or about a certain date. From your description given here you don't know if it was stolen...you appear to have perhaps dropped it or left it somewhere, and someone picked it up/found it. Clearly it didn't belong to them, but this is more like "recovered lost property" rather than "received stolen property." The craigslist poster might be entirely un-chargeable with a crime, though they might have to give up the phone to you.
The state argued, and the jury was convinced, that Mr. Holle turned over his keys specifically intending to facilitate the robbery. They necessarily found that Mr. Holle was not telling the truth when he said he thought it was all a joke. I don't know what evidence they had to demonstrate that, but I could imagine that there was testimony indicating Mr. Holle knew that these people had engaged in similar acts before, that the group spoke of the plan with a level of specificity that made him aware they were not joking, or that he saw them taking other steps to prepare that let him know they were planning a crime. It doesn't matter if he wasn't renting the vehicle or didn't have an agreement to divide the spoils. The question of "why" he facilitated the crime is technically irrelevant to the legal question of whether he facilitated the crime. Nonetheless, I could imagine several reasons why he would have lent his car: he wanted to ingratiate himself with this group, he was bullied into doing it, he believed he would get some of the pot they stole, he didn't like the target, and so on. The fact that he was risking prison time is a uniquely poor argument that he didn't know what he was doing. The risk of punishment is always present for committing a crime, and yet we know that people commit crimes all day, every day. Why do they do it? Probably a good question for psychology.SE.
Such a search would have been emotionally satisfying for many people, but it would almost certainly not have been legal. Evidence that someone committed a crime is not always sufficient to permit a search of their home. An arrest warrant requires probable cause to believe the target individual committed an offense, and a search warrant requires probable cause to believe that the target location will have evidence of a crime. So whatever evidence they had that Epstein committed a crime, they would generally need a separate warrant to search his properties for evidence of that crime. There is no "emergency clause" for search warrants. I imagine you're thinking of the "exigency" exception to the requirement that the police obtain a warrant before searching property, which allows a search in cases where there is an actual emergency, where evidence is being destroyed, or when someone ducks into private property while officers are pursuing them. "Reasonable suspicicion of possible threats to ... potential victims" would not be enough to justify a search based on an exigency. If Epstein is already in jail, he doesn't really pose a threat to anyone, he isn't able to destroy any evidence, and no one is pursuing him anywhere.
In that case, Cruise-Gulyas was subject to a second stop, and the court found that the second stop was an illegal seizure. There is no qualified immunity since this was an exercise of a clearly established First Amendment right. The authority to seize her ended when the first stop ended. The finger is not a basis for a stop, since it does not violate any law ("This ancient gesture of insult is not the basis for a reasonable suspicion of a traffic violation or impending criminal activity", Swartz v. Insogna, 704 F.3d 105.
Jurisdiction? washington. RCW 9A.16.020 says when force is lawful. (1) Whenever necessarily used by ...a person assisting the officer and acting under the officer's direction Not apparently applicable in this case. (2) Whenever necessarily used by a person arresting one who has committed a felony and delivering him or her to a public officer competent to receive him or her into custody Looks promising, except RCW 9A.52.070 says &quot;(2) Criminal trespass in the first degree is a gross misdemeanor&quot;. For the record, (3) Whenever used by a party about to be injured, or by another lawfully aiding him or her, in preventing or attempting to prevent an offense against his or her person, or a malicious trespass, or other malicious interference with real or personal property lawfully in his or her possession, in case the force is not more than is necessary but you didn't describe malicious trespass (which incidentally is not statutorily defined in Washington). Our last hope is: (4) Whenever reasonably used by a person to detain someone who enters or remains unlawfully in a building or on real property lawfully in the possession of such person, so long as such detention is reasonable in duration and manner to investigate the reason for the detained person's presence on the premises, and so long as the premises in question did not reasonably appear to be intended to be open to members of the public For example, you can detain a person for a few seconds to ask what he's doing there and to get whatever answer you are going to get. It does not extend to &quot;detain the trespasser until you are satisfied that he has truthfully identified himself&quot;, or &quot;until the police show up&quot;.
In principle, a verbal contract is just as binding as a written contract. The catch is that it can be difficult to prove what was said. Unless you have witnesses, it would just be your word against his. As DStanley says in the comments, if you have proof that you paid half -- canceled checks or receipts or whatever -- that would be evidence that there was some sort of agreement. Whether your daughter is allowed to drive the car on a specific day depends not just on who owns the car but who has legal custody of your daughter. If a friend of hers said that it is okay with him for her to drive his car to a wild party where there will be drugs and an orgy, the fact that he has full title to the car does not mean that her parents have no right to tell her she can't go! You didn't say what the custody arrangements are, but if you have full custody or shared custody, this would give you certain rights to tell her what she is and is not allowed to do.
No An arrest is the act of detaining a person or property by legal authority or warrant and has been made when a police officer or another individual makes it clear to the person that they are no longer a free person. A person does not need to be physically touched to be placed under arrest as words alone are capable of bringing about an arrest if they establish that the person is no longer a free person. Now, if a LEO asks you to accompany them, then, so long as you have the choice not to, you are not under arrest.