Questions tagged [arrest]

Detention of a person by a law enforcement officer for alleged commission of a criminal act.

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What does it mean for a crime to be committed "in the presence of" a person?

ORS 133.225 (Arrest by private person), subsection 1, says in part, emphasis added: A private person may arrest another person for any crime committed in the presence of the private person if the ...
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How would police proceed if arrestee is injured?

Hypothetically, a man is arrested after being chased by police and is being taken back to cop cars. On the way, he is shot in the chest and needs immediate medical attention. My idea right now is to ...
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Is it legal (but maybe "unprecedented") for the prosecution to "judge shop" to re-arrest someone on the same charges?

It's been said that the recent re-arrest of an FBI informant on the same charges is "unprecedented", in particular because it was done by going to a different judge than the original ...
the gods from engineering's user avatar
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History of "Miranda warnings" before the Miranda ruling

In the U.S.A., statements made by persons under arrest who have not been notified of their right to remain silent have been considered inadmissible in criminal trials at least since the ruling in ...
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What procedures are implicated when someone accompanied by young children is arrested?

Bob is out on the town with his young child. He then gets arrested by police officers, and his child is left all alone not sufficiently mature to be able to find his way home. Do police have any ...
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How long can one be held in custody following arrest for s12 Terrorism offences?

3 individuals were reportedly arrested on the afternoon of 13/01 on suspicion of supporting a proscribed organisation (namely Hamas) contrary to section 12 Terrorism Act 2000 and are still not ...
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When may handcuffs not be used when arresting someone?

This is a trope that occasionally comes up in various fora that handcuffs (and indeed any degree of force) when arresting someone should only be used if there is clear reason to think that it’s ...
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When can police arrest you for your own safety?

According to the charity Liberty, police can arrest you to prevent you from suffering physical injury yourself – for example, if your behaviour might provoke others to assault you, so you need to be ...
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What if Miranda rights aren't read?

So I know that it's not quite like you see in TV and movies where a dead-to-rights murderer or rapist will just walk free because the arresting officer forgot to read their rights during the arrest. ...
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What does it mean to be unlawfully at large?

S3 criminal law act 1967 makes reference to circumstances in which someone is “unlawfully at large.” What specifically does this mean?
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Does an independent constable officer have a choice not to arrest someone they encounter who is subject of a warrant?

Collin the Constable holds the Office of Police Constable making him an independent servant of the crown who is said to be individually and independently responsible for all of his conduct carried out ...
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Can it be an offence simply to attend a demonstration against the wish of the official organisers?

A report about Tommy Robinson states the following: In an earlier statement, the force said organisers had "been clear about their concerns that the man's attendance, and that of those who were ...
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Would the US Marshals have concurrent jurisidction to arrest January 6 protesters with active federal warrants along with the FBI?

I have family members who work in the US Marshals that I will be seeing soon for Thanksgiving. While I can certainly submit tips to the FBI, such process is rather impersonal and is just more ...
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Why do the police announce the time when they arrest somebody?

In the U.K. when police arrest someone, they seem to first announce the current time in military/24 hour format, and then they declare the reason or grounds for the arrest. Declaring the grounds for ...
TylerDurden's user avatar
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Is it legal for the police to take you away from home and abandon you without means of getting to safety?

It is reported that police arrested a man at his home in the middle of the night, drove him three miles away and "dearrested" him nine minutes later. He was left with no money, phone and ...
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Can defendants arraigned in federal court sometimes be "out on bail" secretly with no way for the public to know about or verify the bail?

In this answer to my Politics SE question *Is former president Trump "out on bail" as Chris Christie asserts? If so, were campaign funds used? which ends: Bail is a particular type of bond ...
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Can someone be arrested for bus fare evasion?

Recently a woman was filmed being arrested for alleged fare evasion in front of her son in Croydon. She is anonymous but the footage has been all over the news and social media. Was there any legal ...
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How to accomplish a court hearing after arrest without being stuck in prison cell for more than 4 years like Assange? [closed]

TLDR / UPDATE / SUMMARY: Police: I'm arresting you. Me: You are breaking the law, what I do is minor. Police: No, I'm arresting you, what you do is more than minor. Arrested. Now the question is: ...
Silly mistakes in the past's user avatar
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Can you be arrested for not paying a vendor like a taxi driver or gas station?

I have read conflicting information about police in the United States arresting people for not paying a bill from a retail vendor, like a taxi driver, auto mechanic or restaurant. On one hand my ...
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If the police tell you not to drink does that have any legal force?

It is reported in the news that during an arrest of suspected protestors a police officer instructed one person that they could not drink their coffee with a reason that it may be poisoned. This ...
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Is an arrest legal if no reason is given?

From the UK Government website: The police arrest procedure If you’re arrested the police must: identify themselves as the police tell you that you’re being arrested tell you what crime they think ...
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Why would Donald Trump be arrested?

The New York Times writes: Donald J. Trump is preparing to walk into a Manhattan courtroom as both a defendant and a candidate, making final plans for his arrest on Tuesday [...]. Why would he be ...
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Do atheistic men have the right to cover their heads (though not faces) with hijabs in mugshots in New York city?

In 2020, the NYPD reached a settlement with three Muslim women who were forced to remove their hijabs (which obscured their heads, but not their faces) for the purpose of having their mugshots taken (...
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How to verify an arrest in Russia? [closed]

Assume the media reports that a particular individual has been arrested by Russian police. Others reports deny this. Is there any authoritative legal mechanism for ascertaining the true situation?
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Does Romeo & Juliet (1968) constitue Child Porn?

In Romeo and Juliet (1968), the actress playing Juliet (age 15 at the time), had her bare chest exposed for a bit after sleeping with Romeo. Romeo's actor (who was also underage) had his naked bottom ...
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What exactly is prohibited in a 'prohibited place' under the Official Secrets Act?

Last summer, I drove past RAF Spadeadam in the north of England. I passed the following rather foreboding sign: Ministry of Defence This is a prohibited place within the meaning of the Official ...
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Can you be arrested for accidentally signing a recipt for someone else's order?

I may have signed a credit card receipt for someone else's pizza order, giving a tip as well. The deliver driver gave my address so I had assumed my aunt or uncle ordered without telling me, then I ...
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At what point are you legally required to engage with the police?

Say one was running along the road, and a police officer shouts "Oi". As I understand it you have no legal requirement to engage with them, and can continue your run. This seems to be ...
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What in the UK are the differences between detention and arrest?

Does one encompass the other? What circumstances enable each to be done lawfully? What are the implications of each one?
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What is a recordable offence and can you refuse to give your DNA and fingerprints to the police?

What is the essence of a recordable offence and what happens if you decline consent to give your DNA and fingerprints in the station? What provisions define the notion of a recordable offence? What ...
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What is your legal situation and rights if restrained by the police but a legal arrest is not made?

From gov.uk: If you’re arrested the police must: identify themselves as the police tell you that you’re being arrested tell you what crime they think you’ve committed explain why it’s necessary to ...
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What are the limits of "Fresh Pursuit?"

Generally speaking, state and municipal police are permitted to exercise their arrest power outside the geography of their jurisdiction, so long as they are in "fresh pursuit" of the suspect ...
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What is the difference, if any at all, between having a warrant for your arrest and being circulated as wanted in the UK?

What does it mean to have a warrant out for one's arrest? How must a warrant be issued? What institutions within society are able to issue a warrant? What does it mean to be circulated to police ...
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Will an arrest without charge in England affect a DBS check?

Suppose someone was arrested last year following harassment allegations made by their former partner, but was not charged. Would this be revealed on a DBS check if they were to apply for a teaching ...
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Can a police officer, under these circumstances, enforce the following arrest warrant out of Jurisdiction?

A warrant is issued for the arrest of Jimmy Jones for crimes committed in Springfield County. Officer Bob is an officer with the Shelbyville Police Department, a city in Simpson County near the ...
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What rights and responsibilities exist with respect to mobile phone use and arrest?

It is in the news today that Wayne Couzens made an unlawful arrest of Sarah Everard in the process of her murder. If one found oneself in a situation where this was a possibility an obvious solution ...
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The right of self-represented detainee/prisoner to do legal research

Bob is arrested awaiting bail or trial (or imprisoned after conviction) but is adamant to represent himself vs get a lawyer. (I agree that practically/tactically this will often be the wrong call even ...
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Can police arrest you to later fish for probable cause?

Do police need to have established probable cause before they arrest you, or can your actions later validate the lack of probable cause that they had when they arrested you? I suspect this may just be ...
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Who can legally arrest an on-duty law enforcement officer in NH?

If a New Hampshire citizen sees a New Hampshire cop commit a state or federal felony, can a citizen legally effect a citizen's arrest? Can other LEOs (law enforcement officers) effect such an arrest? ...
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Legal basis for arresting a person not actively committing a crime?

Originally the purpose of an arrest in English common law, meaning a deputy of the state seizing and holding a suspect against their will, was to apprehend the suspect to confirm their identity. In ...
Cicero's user avatar
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19 votes
2 answers
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Can a non-citizen make a citizen's arrest in the US?

In the United States, can a non citizen make a citizen's arrest? Does this vary by state?
probablysillyquestion's user avatar
1 vote
1 answer
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What length of time counts as delay for the purposes of "intsruct counsel without delay" in Canada?

Watching Canadian TV, I see that the when someone is arrested, one of the rights the arresteee is informed of is to "instruct counsel without delay". How long is "delay"? An hour? ...
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Hospitalized person in custody. Not allowed ANY FORM of communication [closed]

My wife had an altercation with her son: he shoved her and she broke her hip. We called the police because he was out of control. She tried to stop him from flattening tires on his wife's car, however ...
Rich's user avatar
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Can you arrest a person without police? [duplicate]

Is it possible to make the decision of arresting a person that is not judged by the police. For example by someone trained in law, like a lawyer. It is not uncommon to get some form of police ...
abdellahabib's user avatar
1 vote
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67 views

Called court to learn status of warrant but there’s no record of one

I was hoping to resolve a warrant, as I should most definitely have one, in Colorado Springs, El Paso County. However, I called the county's warrant office and the clerk said they did not have me in ...
Bambino12's user avatar
1 vote
1 answer
335 views

Can an attorney be arrested whilst representing their client in court?

In the videos linked to below, we see an extraordinary circumstance where a defence lawyer turns up late and apparently intoxicated after a possible hit-and-run vehicle collision. Here's a summary. ...
chasly - supports Monica's user avatar
2 votes
3 answers
356 views

What exactly triggers the condition of "being under arrest"

The Chicago police used to (or perhaps still do) take detainees to a site at Homan Square, question them, take them a different police site and then arrest them. Or at least that's what they claim. ...
Matthew Cline's user avatar
21 votes
2 answers
5k views

Is mere accusation without evidence other than testimony of the accuser, grounds for arrest in the UK?

Several years ago I was stopped in public by the police. Someone had 'identified' me as abusing them in terms of their gender two years before that. Had that happened, I suppose it would have been ...
chasly - supports Monica's user avatar
5 votes
1 answer
623 views

Under what circumstances are you required to stop and/or answer questions by the police?

After this case of suspected harassment by the police in England in response to refusal to provide a name while walking to catch a train I wondered when you are required to stop, and when you are ...
Dan's user avatar
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What is the typical delay between reporting a murder with a known suspect and arrest? [closed]

Note: I am not asking for legal advice here, no rush haha I was recently looking into the Death of Ahmad Arbery who passed away violently on footage earlier this year. Supposedly it took a few months ...
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