What Constitutes Force in a Felony False Imprisonment Case? Does Menace Suffice or is Greater Force Necessary?

Case Brief
By Raymond Hill 
Professor Emeritus, Santa Rosa Junior College 

Legal Issue

Felony false imprisonment based on menace does not require a threat to inflict force greater than necessary to inflict restraint (237(a) P.C.)

Facts: While driving in the defendant’s truck, he and his estranged wife (the victim) got into a heated argument, with the defendant yelling and using profanities. The defendant began driving erratically on Santa Barbara County roads, speeding and weaving across traffic lanes. The victim was frightened, told her husband she felt unsafe and repeatedly asked him to take her home. The defendant cursed and laughed at the victim throughout transit. (The defendant: “Fuck you.”  The victim: “Brad, you’re not safe. I’m getting out. I’m getting out of the car.” The defendant: “Yeah. Try it, dumb cunt. Try it, you dumb bitch!” along with a “a malicious, bone-chilling laugh.”)

The defendant continued driving, passed two exit routes as they approached the victim’s residence. Eventually the defendant made a U-turn and drove back toward her residence, stopping four houses from the residence. She opened the passenger door, whereupon the defendant accelerated, making a sharp right turn. The victim was thrown from the truck and sustained injuries. The defendant exited the vehicle and told the victim to get back in the truck. She was unable to do so because of her injuries (a compression fracture of the vertebra, abrasions, bruises and a hematoma). She stayed in the hospital for five days and said she was in pain for weeks.

The victim used her cell phone to record the incident.

The defendant was convicted of felony false imprisonment based upon menace. On appeal, he argued there was insufficient evidence of violence or menace for a felony false imprisonment conviction.

Held: 2DCA upheld the defendant’s felony conviction for false imprisonment. “False imprisonment is the unlawful violation of the personal liberty of another…Any exercise of force, or express or implied threat of force, by which in fact the other person is deprived of [their] liberty or is compelled to remain where [they do] not wish to remain, or to go where [they do] not ....