Free Republic
Browse · Search
News/Activism
Topics · Post Article

To: chaosagent
Nope. Being under arrest has a legal meaning.

And that incident met the description of an arrest.

You are told you are under arrest.

Wrong. I've been legally "arrested" without ever being told it explicitly. If the officer says you can't leave of your own free will, or attempts to interfere with your efforts to do so, you're under arrest.

You are read your Miranda rights

Not always. Again, I've been "arrested" in the legal sense without getting Miranda'd.

You are searched and handcuffed.

The former of which happened in this case.

You are taken to the station and booked.

Not always.

If this doesn't happen you are not under arrest.

Please don't go into legal practice.

Being detained for awhile is not being under arrest.

Until the cop says you can go...you're legally under arrest.

And there have been cases of "false arrest" that have been prosecuted WRT a cop "detaining" someone without giving them their Miranda warnings or letting them go.

Being stopped for a traffic violation is not being under arrest.

Until the cop says you can go...you're legally under arrest.

Being given a ticket for that violation is not being under arrest.

Finally, you have said something correct. The act of writing a citation is, in itself, not an arrest.

147 posted on 01/27/2003 6:57:40 PM PST by Poohbah (Four thousand throats may be cut in a single night by a running man -- Kahless the Unforgettable)
[ Post Reply | Private Reply | To 145 | View Replies ]


To: Poohbah
Nope. Being under arrest has a legal meaning.
And that incident met the description of an arrest.

No, it doesn't.
Note that the article nowhere mentions that they were arrested. No where does it say they were taken into custody. In fact the very first sentence says they were cited. This means they were given a ticket.

You are told you are under arrest.
Wrong. I've been legally "arrested" without ever being told it explicitly. If the officer says you can't leave of your own free will, or attempts to interfere with your efforts to do so, you're under arrest.

Nope. Legally, you were not under arrest until you were told you were under arrest. When a trooper stops you for speeding, you are not under arrest while he spends 15-20 minutes checking out your car and ID. You are being detained. Legally it's different.

You are read your Miranda rights
Not always. Again, I've been "arrested" in the legal sense without getting Miranda'd.

If you were arrested without being Mirandared, you can get it kicked very quickly.

You are searched and handcuffed.
The former of which happened in this case.

You are taken to the station and booked.
Not always.

Then why were you arrested? That's the whole object of being arrested.

If this doesn't happen you are not under arrest.
Please don't go into legal practice.

I'm not a lawyer, not do I play one on TV. However my father was a cop for over 25 years, and I definitely know what constitutes a valid arrest.

Being detained for awhile is not being under arrest.
Until the cop says you can go...you're legally under arrest.

Nope. You are being detained. Just like you are not under arrest when you are stopped for a speeding ticket.
And there have been cases of "false arrest" that have been prosecuted WRT a cop "detaining" someone without giving them their Miranda warnings or letting them go.

Being stopped for a traffic violation is not being under arrest.
Until the cop says you can go...you're legally under arrest.

Nope.

Being given a ticket for that violation is not being under arrest.
Finally, you have said something correct. The act of writing a citation is, in itself, not an arrest.

So you are saying that when you are stopped for a traffic ticket, you are under arrest, and then after you get the ticket, you are suddenly "unarrested". I don't think so.
168 posted on 01/27/2003 7:54:11 PM PST by chaosagent
[ Post Reply | Private Reply | To 147 | View Replies ]

Free Republic
Browse · Search
News/Activism
Topics · Post Article


FreeRepublic, LLC, PO BOX 9771, FRESNO, CA 93794
FreeRepublic.com is powered by software copyright 2000-2008 John Robinson