Can a Store Clerk Who Locked an Armed Robber in the Store Be Accused of False Imprisonment?

Posted by Joseph D. Lento | Oct 25, 2019 | 0 Comments

A botched armed robbery led to a strange turn of events when the store clerk locked the robber inside the building until the police showed up.

The unique facts of the case provide an opportunity to talk about the legal defense of necessity.

Clerk Locks Armed Robber Inside Store

The clerk of a Boost Mobile store near the intersection of North 5th Street and West Somerset Street says that the man had entered earlier in the day asking about iPhones. When he returned to the store a second time after 5 p.m. on October 22, he brought a gun and demanded cash. The clerk said that he didn't have any on him, but that he could get some if the robber would let him leave.

The robber let the clerk leave the store. The clerk locked the door on his way out, trapping the man inside, and called the police.

The armed robber shot at the glass at the front of the store to try breaking it, but it didn't work. He also went into the basement for another way out, but the doors down there to neighboring businesses were locked. He tried shooting through them, as well, to no avail.

A SWAT team responded and nine minutes after the incident began the store was barricaded. An hour later the armed robber was arrested and his weapon recovered. He is being charged with:

The Crime of False Imprisonment

18 Pa. Cons. Stat. 2903 defines the crime of false imprisonment in Pennsylvania as knowingly and unlawfully restraining someone in substantial interference with their liberty. Technically speaking, locking someone else inside a store with no way to escape is a classic example of false imprisonment.

However, it is very unlikely that the store clerk will even be charged with false imprisonment – a second-degree misdemeanor – because he has such a strong necessity defense.

Why the Defense of Necessity Works

People accused of a crime can defend their actions by arguing that what they did was necessary to prevent something worse from happening. Given the threat and the danger that the defendant was facing, they had no choice but to do something that was technically illegal. There was also no other, legal way to prevent the harm from happening, and the defendant was not responsible for getting into the situation that caused the danger.

Given the preliminary facts so far, it seems pretty clear that the clerk could make a strong necessity defense.

Joseph D. Lento: Criminal Defense in Philadelphia

The necessity defense is not a very common one, but it does present itself as the best avenue of defense from time to time. When it is even a weak defense, though, it can be enough to deter prosecutors from filing what would be an unpopular criminal allegation against someone who took action to prevent something far more severe from happening.

Joseph D. Lento is a criminal defense lawyer serving Philadelphia. Contact him online or call him at (215) 535-5353 if you have been charged with a crime.

About the Author

Joseph D. Lento

"I pride myself on having heart and driving hard to get results!" Attorney Joseph D. Lento passionately fights for the futures of his clients in criminal courtrooms in Philadelphia and across Pennsylvania as well as in New Jersey and nationwide. He does not settle for the easiest outcome, and instead prioritizes his clients' needs and well-being. With unparalleled experience occupying several roles in the criminal justice system outside of being an attorney, Joseph D. Lento can give you valuable behind-the-scenes insight as to what is happening during all phases of the legal process. Joseph D. Lento is licensed in Pennsylvania, New Jersey, and New York, and is admitted pro hac vice as needed nationwide. In the courtroom and in life, attorney Joseph D. Lento stands up when the bell rings!


There are no comments for this post. Be the first and Add your Comment below.

Leave a Comment

Contact Us Today!

Attorney Joseph D. Lento has more than a decade of experience successfully resolving clients' criminal charges in Philadelphia and the Pennsylvania counties. If you are having any uncertainties about what the future may hold for you or a loved one, contact the Lento Law Firm today! Criminal defense attorney Joseph D. Lento will go above and beyond the needs of any client, and will fight until the final bell rings.

This website was created only for general information purposes. It is not intended to be construed as legal advice for any situation. Only a direct consultation with a licensed Pennsylvania, New Jersey, and New York attorney can provide you with formal legal counsel based on the unique details surrounding your situation. The pages on this website may contain links and contact information for third party organizations - the Lento Law Firm does not necessarily endorse these organizations nor the materials contained on their website. In Pennsylvania, Attorney Joseph D. Lento represents clients throughout Pennsylvania's 67 counties, including, but not limited to Philadelphia, Allegheny, Berks, Bucks, Carbon, Chester, Dauphin, Delaware, Lancaster, Lehigh, Monroe, Montgomery, Northampton, Schuylkill, and York County. In New Jersey, attorney Joseph D. Lento represents clients throughout New Jersey's 21 counties: Atlantic, Bergen, Burlington, Camden, Cape May, Cumberland, Essex, Gloucester, Hudson, Hunterdon, Mercer, Middlesex, Monmouth, Morris, Ocean, Passaic, Salem, Somerset, Sussex, Union, and Warren County, In New York, Attorney Joseph D. Lento represents clients throughout New York's 62 counties. Outside of Pennsylvania, New Jersey, and New York, unless attorney Joseph D. Lento is admitted pro hac vice if needed, his assistance may not constitute legal advice or the practice of law. The decision to hire an attorney in Philadelphia, the Pennsylvania counties, New Jersey, New York, or nationwide should not be made solely on the strength of an advertisement. We invite you to contact the Lento Law Firm directly to inquire about our specific qualifications and experience. Communicating with the Lento Law Firm by email, phone, or fax does not create an attorney-client relationship. The Lento Law Firm will serve as your official legal counsel upon a formal agreement from both parties. Any information sent to the Lento Law Firm before an attorney-client relationship is made is done on a non-confidential basis.