Was I kidnapped?
Ssome crazybottompoop just happened to me.I'll start this by saying I'm 18 and live in Florida. Tonight I was hanging at a friend's house with a few people. Around two this morning, we contacted a girl that two of my friends were tight with (I'd met her once or twice) and decided to go pick her up. The girl is sixteen/seventeen, which no one knew since she told both friends she was getting her AA which would make her 18 to 20. When we pulled up to the house, we parked the car off of the property. One of my friends waited in the car. I went along with one of the friends who knew her better for moral support. (As I'm sure many of you are now aware, Florida has some loveing stupid gun laws.) I was under the assumption that we had been invited onto the property by her (albeit without the parent's knowledge) which would make us "invitees" by FL law, keeping us safe from being attacked, killed or arrested.
Anyway. We knock on her bedroom window (she doesn't have a phone) and about thirty seconds later her mother appears down the side of the house. I have terrible vision and couldn't tell whether it was a young girl or the mother. My friend told me to run and we bolted. As I got about halfway through the back yard, I hit a slick dirt patch and lost a shoe, causing me to trip. I struggled to grab my shoe and was tackled to the ground. I wasn't at any point asked to leave or what I was doing there.
The woman then restrained my arms behind my back and forcibly dragged me into their home (I weigh about 100 pounds), all while screaming for her husband to grab a baseball bat (which he returned with several moments later). The woman then began screaming at me that I was there to commit several heinous acts (not asking, telling me) at which point I told her I was a friend of her daughter, using her name. She then told me there was no way I could possibly know her daughter as I had never met her before. I then asked her how I could know her daughter's name if I didn't know her, which shut her up for some time.
The daughter came out into the kitchen and was interrogated along with me, at which point I had to admit that I was there with friends who had initially come to pick her up. The dad asked where they were and at this point I didn't know if they had left or not, and he walked outside after picking up the baseball bat and making several verbal threats within the home.
As I mentioned earlier, the car was parked off the premises. The father approached my friend's car and threatened him with a baseball bat (aggravated assault with a deadly weapon) and told him to get in the house. My friend refused because he was threatened and didn't know the father, but eventually came in because they had no idea what happened to me.
The mother stopped my friend at the door, at which point he asked where I was and several times if I was okay or if I had been injured. The mother refused to answer, and I was out of earshot. He eventually was walked into the house and put in the kitchen with me and the father went outside when he was done questioning us to find the other friend, baseball bat still in hand.
My friend talked them out of calling the police immediately (which utterly destroys any hope they had for a citizen's arrest defense) and we were eventually able to leave after they took down our information and told us to never contact the daughter again. They'd already researched and done background checks on my two friends and were apparently pissed that my friend was charged with possession of marijuana, he obviously didn't want to get involved with the law again as he's just now able to work.
They said they wouldn't call the police, but in the event that they change their minds, who is more at fault and how do you think it would go? Here's a few facts relevant to FL law:
- In order to complete a citizen's arrest, the person in question must be committing a felony.
- Trespassing is not a felony because we were unarmed.
- In order for a citizen's arrest to be proper and legal and not unlawful detainment, the police must be called immediately. (They were never called during the detainment.)
- Because we were either threatened into the house with violence or forcibly dragged, that qualifies as kidnapping.
- A person may use (reasonable) force to remove someone from their residence, not to bring them into the residence.
- Threatning someone with a deadly weapon without probably cause (especially off the private property) is aggravated assault with a deadly weapon.
- In tackling me to the ground, the mother committed simple battery.
- Signs MUST be posted around every facet of the house that clearly warn against trespassing for people who enter the property to be defined as trespassers.
- There were no signs.
- There must also be signs warning people of hazards around their home (slick dirt, obstacles, etc.) that are not immediately obvious.
- Force is only justified in self-defense, and not if you are the attacker.
- To give some perspective, I'm 5'6, 100 pounds, friend one is 5'8, 140 pounds and friend two is 5'10, 140 pounds. The father was about 6'1" and 220. We are by not physically threatening in any way.
- We were running in the opposite direction, and I was tackled.
- We were dressed normally, khakis and t-shirts. No ski masks, black clothing, backpacks or other poop. (No evidence of a crime being committed.)
TL;DR it's aggravated assault with a deadly weapon, battery and kidnapping VS possible trespassing. What do if the po-po come?