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15 B.U. L. Rev. 389 (1935)
False Imprisonment - Nature and Elements - Justification

handle is hein.journals/bulr15 and id is 391 raw text is: NOTES AND COMMENTS FALSE IMPRISONMENT-NATURE AND ELEMENTS-JUSTIFICATION Pine et al v. Akzewski et al., 170 Atl. 825 (N. J.). The plaintiffs, residents of the state of Oklahoma, while driving through Jersey City, were intercepted by the defendant officers in per- formance of their duties as members of the traffic department. The vehicle bore Oklahoma registration plates and resembled a stolen car for which the officers were on the look-out. It was soon determined not to be the car sought, but the officers demanded the production of the operator's registration certificate and driver's license. The officers were told no license was needed in Oklahoma but the occupants of the car were taken to the reserve room of the station until the investi- gation was completed. When the truth was ascertained, the plaintiffs were released. There was no complaint charging a violation of law. The plaintiffs contend the detention was unlawful ab initio. The lower court in its opinion,1 found for the plaintiffs by applying pure common law principles. The Court of Errors and Appeals re, versed the decision on the ground that under a statute the detention was justified. This statute required the registration of all automobiles and the licensing of all operators. A non-resident owner, who has reg- istered his vehicle in, and has complied with the laws of, the state of his residence, is exempt from the provisions for a period of ninety days in each year, provided such non-resident driver shall have in his posses- sion the registration certificate of the vehicle and his driver's license and shall exhibit said papers to any police officer . . . who, in the perform- ance of the duties of his office, shall request the same. Another sec- tion provided that any officer had authority to arrest without warrant any person violating, in the presence of such officer, any of the provi- sions of the act and to bring the person before any magistrate of the county where such offense was committed. No provision was contained for a case where the non-resident state did not require such papers. Holding that the statute was to be given a reasonable interpretation to effectuate the policy and object therein declared, or clearly implied, the court concluded that from the context of the statute, from the mischief felt and the remedy in view, police officers had power to arrest, or at least to detain a reasonable time for investigation, a non-resident driver unable to produce the license. The court said, The statute extends the privilege of using the state's roads to those non-residents who can show their registration certificate and driver's license according to the laws of their resident state. The obligation is imposed on the non-resident driver of establishing his identity and his right to possess and operate 111 N. J. 172.

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