Also known as: escapes · escaped · escaping · escapee · escapees · escapium · prison breach · flight from custody
Written by attorneys · grounded in primary & secondary sources — see below
An act of breaking free from confinement or restraint. In tort law a reasonable means of leaving the area of confinement defeats a false imprisonment claim when the confined person knows of that means. In criminal procedure the term describes a suspect's flight that may justify warrantless entry or the use of force.
Eric Espinoza locked Eugene Ellsworth in a storage room after an argument and then stood outside refusing to hand over the only key despite Ellsworth's repeated requests. Ellsworth remained inside for two hours until another employee arrived with a duplicate. The refusal to provide the means of release satisfied the act of confinement element.
After witnessing Edith Eberhardt commit an armed robbery, officers pursued her on foot into a nearby house. They entered without a warrant and searched the rooms they reasonably believed she might have reached. The entry was upheld as necessary to prevent her escape.
Select any source to read its text and confirm it supports the definition.
After Emmett Egan was charged with felony theft in State A he fled to State B. The governor of State A demanded his return under the extradition clause. State B was required to deliver Egan to face the charges in State A.
Enzo Eastwood raised his fist and ordered Emily Ellis to leave his property or be struck. Emily could have walked away through an open gate but instead remained and was hit. The availability of an obvious escape route did not prevent liability for assault.
Empire Logistics confined its employee Eric Espinoza in a windowless office by locking the door. An unmarked panel in the wall led to an adjacent hallway that Eric did not know existed. Because Eric was unaware of the panel the confinement remained complete.
Eugene Ellsworth was cornered in a narrow alley by an unarmed aggressor. He could have stepped through an open doorway behind him but instead struck the aggressor with a pipe. Because retreat was possible and reasonable the use of force was not privileged.
The confinement is not complete if a reasonable means of escape exists and the confined person knows of it. Awareness of the route is required. An unknown or hidden exit does not prevent liability.
Yes. When the actor has a duty to release the confined person or to provide a means of escape, intentional refusal to do so supplies the requisite act of confinement for false imprisonment liability.
Officers in hot pursuit of a fleeing felon may enter a dwelling without a warrant when the entry is reasonably necessary to prevent escape, ensure officer safety, or seize evidence in plain view.
Deadly force is reasonable only when the felon threatens death or serious bodily harm to others and the force is necessary to prevent escape. An unarmed nondangerous felon may not be shot simply to stop flight.
…his defense against the state prosecutions. Neither is there any allegation of harassment or bad-faith prosecution. In order to escape the rule articulated in the cases cited in the next paragraph of this opinion that, absent harassment and bad faith, a defendant in a pending state criminal case cannot affirmatively…