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To: cynwoody

Question for lawyers out there...was zimmerman taken in handcuffs to the station on the night of the shooting? If so was he “arrested” at that time?

IANAL, but the answers are yes and no.

If he was taken to the station in handcuffs than he
WAS arrested.....they can call it whatever they like
but if you are hauled into the police department in
handcuffs you have been arrested. Just because the
system likes to pervert English and call it “detained”
or “protective custody” means squat. If you are placed
in handcuffs by LEO and cannot come and go as you
wish when you wish you have been arrested. We need
to fight back against this BS of using empty words as
justification for abusing citizens rights.


11 posted on 04/14/2012 9:09:04 PM PDT by nvscanman
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To: nvscanman
If he was taken to the station in handcuffs than he WAS arrested

Correct. If your wife handcuffs you to the bedpost then she has "arrested" you.

14 posted on 04/14/2012 9:28:17 PM PDT by Meet the New Boss
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To: nvscanman

You’re right but the police can handcuff someone at the scene briefly, frisk them, and ask certain questions. IIRC, Zimmerman was arrested and questioned for five hours that night before they let him go. His legal status of being arrested, and whether the police advised him that he was arrested could affect the admissibility of anything he said.


19 posted on 04/14/2012 10:18:19 PM PDT by Moonman62 (The US has become a government with a country, rather than a country with a government.)
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To: nvscanman
Baloney! There is a legal difference between being arrested and being detained for questioning.

What Is Difference Between Detainment and Arrest?

Arrest

While the specific laws may vary from country to country, police forces usually have the power to arrest someone when they have reasonable grounds to consider that he may be in the act of committing a crime or have committed a crime. Someone who is arrested is, in effect, being accused of a crime.

Rights

People who are arrested usually have clearly defined rights, such as the right to an attorney and to remain silent.

Detainment for Questioning

Sometimes someone who is not directly suspected of a crime (possibly because of lack of evidence) may be taken into police custody for questioning and not allowed to leave. This situation is called detainment, and a detained person may be questioned without having been read her rights. Questioning of detainees may develop into an arrest, if their answers provoke suspicion.


21 posted on 04/14/2012 11:02:18 PM PDT by TigersEye (Life is about choices. Your choices. Make good ones.)
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