Timeline for Can police arrest you to later fish for probable cause?
Current License: CC BY-SA 4.0
12 events
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Aug 26, 2021 at 14:30 | comment | added | Comic Sans Seraphim | @NateEldrege Not as ridiculous as you imply. Scotland yard mass emails each force, they forward to each station, and they go over it in the briefings. | |
Aug 25, 2021 at 17:02 | comment | added | reirab | Regarding the first of the criteria, that sounds more like the U.S. standard of "reasonable suspicion" than the one for "probable cause." For an arrest, the higher standard of probable cause is required. An officer can briefly detain and question someone upon reasonable suspicion of a crime, but cannot (legally) conduct a search or seizure or arrest unless there is probable cause to believe that the person has committed or is about to commit a crime. That is, the officer isn't just suspicious that the person might have committed a crime, but rather has evidence that they probably did. | |
Aug 25, 2021 at 13:17 | comment | added | Graham | @NateEldredge Inspector Lestrade can have an all-staff seminar and say "We suspect Moriarty of (insert crimes) but we have no evidence right now." Constable Wiggins can (and does) stop Moriarty's car for driving 1mph over the speed limit, for (allegedly) smelling cannabis through an open car window, or many other relatively subjective reasons. However if those reasons don't stack up, Constable Wiggins is in a world of disciplinary hurt. So whatever the pretext is, it needs to be valid. This pretext doesn't have to be related to the main case, it just has to be enough for an arrest. | |
Aug 24, 2021 at 16:58 | comment | added | user35069 | @bdb484 I don't think you've missed anything, it's just that in E&W arrest warrants are not as prevelant as they seem to be in the USA. | |
Aug 24, 2021 at 16:55 | history | edited | user35069 | CC BY-SA 4.0 |
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Aug 24, 2021 at 15:00 | comment | added | bdb484 | @NateEldredge It seems like the obvious answer is that the officer who suspects Moriarty of something would go to the court and seek an arrest warrant, permitting any officer to make the arrest, regardless of his knowledge of the case. This is how we would do it in the U.S., anyway. Am I missing something? | |
Aug 24, 2021 at 14:21 | comment | added | user35069 | @NateEldredge Although seminars (rather Operational Briefings) are used very often for localised and/or targeted activity, there should also be enough detail of the allegations against the Prof. (or details of any warrant for his arrest) recorded on the Police National Computer (PNC) from which an officer can formulate the requirements to make an arrest (if the officer checks PNC that is) We call this "being circulated" | |
Aug 24, 2021 at 13:42 | comment | added | Nate Eldredge | Okay, for suspicion then. How does Constable Wiggins form reasonable grounds for suspecting Professor Moriarty unless the case against Moriarty has been explained to him in detail? And I guess the same goes for necessity - how does Wiggins form reasonable grounds to believe that Moriarty is necessary, say, "to allow the prompt and effective investigation", unless he knows the specifics of the case? | |
Aug 24, 2021 at 13:37 | comment | added | phoog | @NateEldredge the arrest has to be necessary for one of the specified reasons. The necessity of the arrest isn't related to the strength of the evidence. Evidence supports the other element, suspicion. | |
Aug 24, 2021 at 13:30 | comment | added | Nate Eldredge | So, suppose Scotland Yard has evidence against Professor Moriarty, and want to ensure that any of their officers can arrest him on sight. Do they have to hold an all-staff seminar where they present the evidence against Moriarty, so that when Constable Wiggins of the Dockyards Patrol spots him, he can believe for himself that an arrest is necessary? Or is this handled some other way, e.g. Constable Wiggins merely detains Moriarty in some fashion until Inspector Lestrade, who's in on the investigation and does know the evidence, can show up to make the actual arrest? | |
Aug 24, 2021 at 13:22 | history | edited | user35069 | CC BY-SA 4.0 |
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Aug 24, 2021 at 12:44 | history | answered | user35069 | CC BY-SA 4.0 |