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Foulkes v Chief Constable of Merseyside Police [1998]

Facts

  • Foulkes’ wife and children had barricaded themselves in Foulkes’ house after he threatened to evict them
  • After calling the police, Foulkes was ordered by the police to stay out of the way for a while, which Foulkes refused to do
  • Foulkes was arrested for the common law offence of breaching the peace

Issue

  • Did the police falsely imprison Foulkes (i.e. was the arrest unlawful)?

Decision

  • Yes

Reasoning

  • There was no immediate threat of violence or damage
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