detention
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Detention
The act of keeping back, restraining, or withholding, either accidentally or by design, a person or thing.
Detention occurs whenever a police officer accosts an individual and restrains his or her freedom to walk away, or approaches and questions an individual, or stops an individual suspected of being personally involved in criminal activity. Such a detention is not a formal arrest. Physical restraint is not an essential element of detention.
Detention is also an element of the tort of False Imprisonment.
detention
holding a person against his will. Normally this is a tort or delict, but certain statutes authorize the police and other authorities to do this. For example, in the immigration law a person may be detained on arrival into the UK, for administrative removal or following a deportation decision. If an appeal has been lodged against a deportation order, the appellant maybe detained pending the hearing of the appeal.DETENTION. The act of retaining a person or property, and preventing the
removal of such person or property.
2. The detention may be occasioned by accidents, as, the detention of a
ship by calms, or by ice; or it may, be hostile, as the detention of persons
or ships in a foreign country, by order of the government. In general, the
detention of a ship does not change the nature of the contract, and
therefore, sailors will be entitled to their wages during the time of the
detention. 1 Bell's Com. 517, 519, 5th ed.; Mackel. Man. Sec. 210.
3. A detention is legal when the party has a right to the property, and
has come lawfully into possession. It is illegal when the taking was
unlawful, as is the case of forcible entry and detainer, although the party
may have a right of possession; but, in some, cases, the (retention may be
lawful, although the taking may have been unlawful. 3 Penn. St. R. 20. When
the taking was legal, the detention may be illegal; as, if one borrow a
horse, to ride from A to B, and afterwards detain him from the owner, After
demand, such detention is unlawful, and the owner may either retake his
property, or have an action of replevin or detinue. 1 Chit. Pr. 135. In some
cases, the detention becomes criminal although the taking was lawful, as in
embezzlement.