Originally posted by Martlet
On page 2 I linked a few cases, one of which was a SC decision on detention.
That wasn't a link to code, that was a link to an article about a citizens right of rufusal, or lack of at least. The other link in the same post doesn't work.
I believe my original stance on public record was inaccurate.
So we agree that police have the authority to detain someone for a limited amount of time for questioning, and that once you are told that you are under arrest it becomes public record. That wasn't all that hard, was it?
Ok, screw the 'code'. Look at the Constitution.
Amendment V
No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the Militia, when in actual service in time of War or public danger; nor shall any person be subject for the same offence to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation.
So, in your opinion, if you are detained by police, is your right to liberty being taken away without due process of law? Your detention is not public record, there is no paperwork records that have to be filed. Where is the due process of law?
Oh, please notice the "in your opinion" part. I don't want someone else's opinion stated in code or case ruling, I want to know what you think.