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    A Treatise on Arrest and False Imprisonment

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    A Treatise on Arrest and False Imprisonment

    Charles A. Weisman

    Weisman Publications, 1996 - Arrest - 76 pages

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    Bibliographic information

    Title A Treatise on Arrest and False Imprisonment

    Author Charles A. Weisman

    Edition 3

    Publisher Weisman Publications, 1996

    ISBN 1929205082, 9781929205080

    Length 76 pages

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    Charles A. Weisman

    A Treatise on Arrest and False Imprisonment Paperback – January 1, 1993

    by Charles A. Weisman (Author)

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    8.5x11 stapleback book 70 pages, card covers

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    Full text of "Treaties on rrest and False Imprisonment"

    Full text of "Treaties on rrest and False Imprisonment"

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    m ■ j: v •:.. — !ri Si! ! TREATISE ON ARREST AND FALSE IMPRISONMENT BY

    CHARLES A. WE ISM AN

    _ _ .—

    A TREATISE ON ARREST AND FALSE IMPRISONMENT

    by Charles A. We is man

    Copyright ® Dec., 1993 by C.A. Weisman; 2nd Edition, Dec., 1994; 3rd Edition, Nov., 2004

    Published by Weisman Publications • P.O. Box 240844 • Apple Valley, MN 55124

    ISBN 1-929205-08-2

    PRINTED IN THE UNITED STATES OF AMERICA

    CONTENTS

    1. INTRODUCTION ....,...

    2, DEFINITION OF FALSE IMPRISONMENT

    - What Constitutes False Imprisonment .

    - Length of Time Required.

    - Damages and Liability ..

    - Malicious Prosecution .

    3 3 5 6 7 3.

    ARREST WITHOUT WARRANT ..

    - The Law of the Land ...-..

    Summons »«..• .....n............... . .

    - Complaint ......—..

    - Memorandum of Law on Arrest Without Warrant

    9 in 11 13

    4. BREACH OF THE PEACE & FELONY ARRESTS .. 26

    - What is a Breach of the Peace? ... 26

    - Arrests for Breach of the Peace ... 27

    - Threatened Breach of the Peace ... 29

    - Conditions of Felony Arrests . 31

    5. DEFENSES TO UNLAWFUL ARRESTS .

    - Burden Of Proof.....

    - Good Faith and Probable Cause...

    - Ignorance of Law ..

    - Guilt of Party Arrested ...

    - Immunity ......

    6. THE USE OF A WARRANT IN ARRESTS .

    - Warrant to be in the Possession of the Arresting Officer

    - Warrant to be Shown Upon Arrest __....

    -Invalid and Unlawful Warrants ..

    32 32 34 36 37 38 39 39 43 46

    7. BRINGING ARRESTED PERSON BEFORE A MAGISTRATE ..

    - Duty of Officer .......

    - As a Trespasser Ab Initio .........

    - Detainment is Not a Decision of Arresting Officer.

    - Arresting and Releasing Without Bringing Before a Magistrate

    - Defenses ...... 49 49 52 53 56 57

    8. DISTORTIONS OF FUNDAMENTAL LAW .

    - Due Process Neglected ....

    - Fourth Amendment Argument.

    - Highway Traffic Laws ..

    - Resisting Arrest .....

    - Handcuffing .-...

    - Post-arrest Booking Procedures (Fingerprinting, etc.)

    - Limitations Upon Arrests...

    59 59 60 61 64 69 70 72

    9. CONCLUSIONS and APPENDIX

    74. 75

    A TREATISE ON ARREST AND FALSE IMPRISONMENT

    by Charles A. We is man

    Copyright ® Dec., 1993 by C.A. Weisman; 2nd Edition, Dec., 1994 ; 3rd Edition, Nov., 2004

    Published by Weisman Publications • P.O. Box 240844 • Apple Valley, MN 55124

    ISBN 1-929205-08-2

    PRINTED IN THE UNITED STATES OF AMERICA

    CONTENTS 1. INTRODUCTION .. . 2 2.

    DEFINITION OF FALSE IMPRISONMENT .

    . 3

    - What Constitutes False Imprisonment ..............................

    . 3

    - Length of Time Required.*.......

    . 5

    - Damages and Liability ........

    . 6

    - Malicious Prosecution ......—...................*.

    _ 7 5-

    ARREST WITHOUT WARRANT .

    . 9

    - The Law of the Land .......,.......

    . 9 . 10

    - Complaint......*...*....

    ..11

    - Memorandum of Law on Arrest Without Warrant .......

    . 13 4.

    BREACH OF THE PEACE & FELONY ARRESTS .

    . 26

    - What is a Breach of the Peace? ....................,........,

    .. 26

    -Arrests for Breach of the Peace ..*.........

    . 27

    - Threatened Breach of the Peace ...

    . 29

    - Conditions of Felony Arrests ...............

    ....... . 31 5-

    DEFENSES TO UNLAWFUL ARRESTS .

    .. 32

    - Burden Of Proof .................

    . 32

    - Good Faith and Probable Cause ...........

    . 34

    - Ignorance of Law .....,......

    . 36

    -Guilt of Party Arrested .............

    . 37

    - Immunity ......*...

    . 38 6.

    THE USE OF A WARRANT IN ARRESTS ...

    . 39

    - Warrant to be in the Possession of the Arresting Officer ........

    . 39

    - Warrant to be Shown Upon Arrest ............

    . 43

    * Invalid and Unlawful Warrants ...........

    . 46 7,

    BRINGING ARRESTED PERSON BEFORE A MAGISTRATE .

    . 49

    - Duty of Officer ........

    . 49

    - As a Trespasser Ab Initio _.__.______.._

    _ 52

    - Detainment is Not a Decision of Arresting Officer.....

    . 53

    - Arresting and Releasing Without Bringing Before a Magistrate ...

    . 56

    - Defenses ............

    . 57 8.

    DISTORTIONS OF FUNDAMENTAL LAW .

    . 59

    - Due Process Neglected *............

    . 59

    - Fourth Amendment Argument .........„......

    . 60

    - Highway Traffic Laws .......„....

    _ 61

    - Resisting Arrest ...............

    ... 64

    - Handcuffing ............

    _ 69

    - Post-arrest Booking Procedures (Fingerprinting, etc.)......

    . 70

    - Limitations Upon Arrests ..........

    9,

    CONCLUSIONS and APPENDIX..

    ... 74. 75 2 1 INTRODUCTION

    This book is about liberty, It is about the

    lawful and unlawful means by which

    government acts in depriving an individual of

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