Case library · House Deck
They Thought They Had a Warrant
People v. Weiss (1938)
Charge: KidnappingCourt: New York Court of AppealsState: New YorkDocket: House Deck
The facts
Two men seized a man suspected of an out-of-state murder and held him against his will. They had no real legal authority. But they said a detective from another state had given them badges naming them special deputies and told them they were doing lawful police work. The kidnapping law here punishes confining a person 'without authority of law'. At trial the judge would not let the jury hear evidence that the two men believed they were acting lawfully. They were convicted.
You have the facts the court had. Guilty or not guilty? Call it in the game with your friends, then see what the court actually decided. Wrong call, you drink.
Citation: People v. Weiss, 276 N.Y. 384, 12 N.E.2d 514 (1938)
Read more at law.justia.com. The source reveals the outcome.