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Author Topic: Arrest mistake  (Read 4057 times)

Offline Martlet

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Arrest mistake
« Reply #60 on: March 05, 2005, 01:43:17 PM »
Supreme Court Strengthens Police Right to Detention.

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Q. How long can an Officer detain me?

A.  This is another question that addresses several laws and constitutional issues. In general, the police may detain you for a reasonable time to conduct their investigation or issue a ticket. Reasonable time is different in each situation and depending on the reason could last from ten minutes to an hour or more.


Police-Citizen
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Offline Jackal1

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« Reply #61 on: March 05, 2005, 02:25:43 PM »
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Originally posted by TweetyBird

Law enforcement can detain you if you consent. If you decide there is no cause to warrant an investigation, you can walk away. It would be wise to tell the officer to either arrest you or let you go before walking away, but its not mandatory. Walking away from an officer is not evading arrest.  


Hee hee. That may look all nice and wrapped up in a tight package on paper , but it does not work like that in reality.
Like I said earlier, around here, if you decide to just walk away from any law enforcement, for any reason, you best have some free time saved up because your butt is going to jail. You WILL be charged with resisting arrest and I can GUARANTEE it will stick.
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Offline indy007

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« Reply #62 on: March 05, 2005, 02:28:19 PM »
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Originally posted by Maverick
Handcuffs also do not confirm an arrest. It is certainly possible to be hand cuffed and not be under arrest.


That's certainly true. I've been handcuffed 3 times, but I've never even been inside of a police car, let alone arrested.
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Offline Holden McGroin

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« Reply #63 on: March 05, 2005, 02:32:54 PM »
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Originally posted by indy007
That's certainly true. I've been handcuffed 3 times, but I've never even been inside of a police car, let alone arrested.


What happens in the privacy of your home is not at issue.
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Offline indy007

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« Reply #64 on: March 05, 2005, 02:53:37 PM »
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Originally posted by Holden McGroin
What happens in the privacy of your home is not at issue.


At least I'm gettin' mine :)

Seriously though, on 3 seperate occasions I've been handcuffed & got to sit on the curb while an officer searched my vehicle. Had a bad habit of keeping my paintball gear sitting on the backseat of my car. Then some neighborhood kids shot up a school sign or something. Got confronted by an officer while leaving a gas station. 20 minutes later I was let go with an apology. Got pulled over for a dead brake light, saw the equipment... back to the curb! 20 minutes later I was let go without an apology, but no ticket. Got pulled over for speeding, saw the equipment... back to the curb! 45 minutes later I was let go without an apology and a speeding ticket. Then I turned 21 & got a CHL. I haven't been searched since.
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Offline Chairboy

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« Reply #65 on: March 05, 2005, 02:58:11 PM »
Here's a question, if a police officer asks to search your car, are the readers of this BBS in the habit of saying yes or no?  If no, the reason is self evident, but if yes, why?
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Offline Martlet

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« Reply #66 on: March 05, 2005, 02:59:29 PM »
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Originally posted by Chairboy
Here's a question, if a police officer asks to search your car, are the readers of this BBS in the habit of saying yes or no?  If no, the reason is self evident, but if yes, why?


I'm not in the habit of being asked to have my car searched.
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Offline Raider179

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« Reply #67 on: March 05, 2005, 03:15:01 PM »
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Originally posted by Martlet
Supreme Court Strengthens Police Right to Detention.

 

Police-Citizen


that shows what? That officers can detain a suspect? I already knew that.It's called conducting an invetigation. The supreme court case you cited was about a guy not giving his name. That is a crime and he was charged. If you refuse to give your name the police have a right to hold you until you give it to them or they figure it out.

I thought you were saying police could take people to jail without arresting them. Which they cannot, except in the case above where the only "crime" he committed was not giving his info.
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Offline Thrawn

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« Reply #68 on: March 05, 2005, 03:30:26 PM »
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Originally posted by Chairboy
If no, the reason is self evident,


And what reason do you think that is?  Because I can think of two that are immediately obvious.  

1.  Because there is something to hide.

2.  Because rights must be exercised in or for them to be kept.
« Last Edit: March 05, 2005, 03:36:36 PM by Thrawn »
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Offline Raider179

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« Reply #69 on: March 05, 2005, 03:32:50 PM »
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Originally posted by Chairboy
Here's a question, if a police officer asks to search your car, are the readers of this BBS in the habit of saying yes or no?  If no, the reason is self evident, but if yes, why?


I love to say no. Get to see a K9 in action. lol Too bad  he wont find anything in there. But I would say Thrawns answer #2 is more important.
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Offline Chairboy

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« Reply #70 on: March 05, 2005, 03:39:21 PM »
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Originally posted by Thrawn
And what reason do you think that is?  Because I can think of two that are immediately obvious.  

1.  Because there is something to hide.

2.  Because rights must be exercised in or for them to be kept.
#2 of course.  Well put.
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Offline Tarmac

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« Reply #71 on: March 05, 2005, 03:44:03 PM »
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Originally posted by TweetyBird
Law enforcement can detain you if you consent. If you decide there is no cause to warrant an investigation, you can walk away. It would be wise to tell the officer to either arrest you or let you go before walking away, but its not mandatory. Walking away from an officer is not evading arrest.  If the officer arrests you, you must comply, and the officer must mirander you before continuing any investigation that requires your participation. What is a legal detention and what is an attempt to circumvent miranda rights is decided by a judge, and is probably specific to the case.


Detention requires nothing close to consent.  When you get pulled over, you're detained.  When a cop stops to talk to you and has reasonable suspicion to believe you were involved in a crime (ie you match a description), you aren't going anywhere.  If he wants, he can handcuff you, put you on the curb, frisk you for weapons.  If you leave, you're most likely taking a short trip into the ground.  

As Mav said, Miranda warnings are only necessary when you have a custodial arrest by the police and want to use the suspect's statements against them in court.  You can go all the way from committing the crime to going to jail and never be Mirandized.  All it means is that your testimony (and any evidence obtained from it) can't be used against you in court.  If they have enough evidence without your incriminating statements, you're still going away.
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Offline TweetyBird

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« Reply #72 on: March 05, 2005, 03:46:21 PM »
>> From a few of your statements you are clearly confused on the concept of detention. Small town or not, exercising "influence" calls for a position based on proper authority. <<

A person is considered under arrest whenever they feel they aren't free to leave or are transported from the immediate vicinity (e.g., a police officer can not drive you arround for 30 minutes against your will). Laws governing detainment can not superceed Miranda. There are different statutes regarding detaining suspected shoplifters/thieves on premises, citizens arrests, private investigators, and material witnesses, (and vary state to state) but do not apply to this discussion. The discussion here is whether or not a police officer can detain someone against their will and interview them without Mirandizing them. The answer is "NO" and thats not television.

>>Miranda rights also are not a key element to an arrest as the TV shows seem to think. You can be arrested and never Mirandized. <<

I never said it was. Freedom to leave IS a key aspect of arrest and can define an arrest (e.g., a police officer can not hold you for 45 minutes as you keep stating you want to leave and later say he didn't arrest you. You were arrested but a judge will ultimately rule on that.

And yup, you can be arrested and never Mirandized but most if not everything you say after the arrest (even if the police officers try to call it a "detainment") is going to be thrown out. Miranda rights, whether stated or not, have to be respected.
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Offline Tarmac

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« Reply #73 on: March 05, 2005, 03:59:41 PM »
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Originally posted by TweetyBird
I dunno, denying he was in custody really got my goat. I mean if he's not in cutody, I wanna report a kidnapping. But I knew he was in custody and they were trying to cover their ass. I just wonder how far they would have gone to cover their ass.


This part I don't get.  He's in custody.  You can be in police custody standing on the side of the street (ie detention).  He's definately in custody when he's put into the car.  He's super-definately in custody when he's transported to the station for booking.    

I don't get how they can deny that.
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Offline indy007

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« Reply #74 on: March 05, 2005, 04:05:26 PM »
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Originally posted by Chairboy
Here's a question, if a police officer asks to search your car, are the readers of this BBS in the habit of saying yes or no?  If no, the reason is self evident, but if yes, why?


I say yes, because I have nothing to hide. If it makes the officer happy & feel safer (and less likely to ticket me), he can go for it. I'm glad I don't have his job. I said no once. I got to wait on the curb while they called in for a search warrant or whatever the procedure dicates they do. More cops & a K-9 showed up. They got excited and 1 was talking trash to me when the dog went nuts... it found my Quarter Pounder & fries. Turns out that's what the handler gives it as a reward for busting people.
« Last Edit: March 05, 2005, 04:08:29 PM by indy007 »
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