Questions tagged [arrest]

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2answers
66 views

Is abuse during custodial interrogation grounds for suppression?

I assume that a custodial interrogation that involved the use of "torture" would be suppressed by any U.S. court. But I can't find a law that clearly defines custodial practices that would constitute ...
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What rights does a private citizen have to aid in law enforcement?

Suppose you witnessed a robbery or theft from a store in the United States and saw someone running with the stolen goods, and you yell, "Stop, thief." Are you within your rights? Suppose you see ...
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Do you have to follow all the orders a police officer gives?

Saw a video on YouTube where a woman is being filmed in Walmart. From what I understood, she was being accused of shoplifting (I guess rolled the cart beyond the registers without paying?), and then ...
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it's not against the constitution to arrest a pregnant woman in Bolivia

In Bolivia my liberal party is about to make it illegal to arrest an pregnant woman and I am wondering if this goes against the portion of our Constitution that talks about equity before the law. Can ...
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1answer
77 views

Recourse to resistance in citizen's arrest

I am curious about citizen's arrest, at least in how it applies in the U.S., particularly the recourse the arresting party has in case of resistance/evasion. Let's say you see an assault/battery take ...
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1answer
581 views

Can a Secret Service detail protect their charge against law enforcement?

I read questions about this on various websites, usually about someone with the initials D.T., but it is a good general question. A protectee is guarded by their Secret Service detail against people ...
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1answer
141 views

Under English law is it permissable to be arrested for one thing but charged with another?

I saw a high profile case where this happened today and wondered about it. I understand there probably will (and probably should) be some leeway in this, but if one was arrested for breach of the ...
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Does a citizen have to open the door to UK police if they do not give a reason?

I just watched a video of English police talking to a lady through her door. She refused to open up unless they told her why they were there. The police refused and told her to open up or they would ...
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688 views

If I consume cannabis and walk across the state line, can I get arrested? [duplicate]

Cannabis is legal in some states. In others, not so much. So if I am in a state where cannabis is legal, smoke it and walk across state line, without taking any with me, just in me, can I get arrested ...
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1answer
98 views

Should the decision about an Extradiction be based on the Legistlation or on the Juristiction of the executing member state?

The case of the extradiction of the Spanish politician Carles Puigedemont made me wonder whether the justification of the partial non-execution of the European Arrest Warrant (EAW), decided by the ...
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225 views

Why should a witness have to be arrested if they didn't answer the summons of a subpoena?

If this is a why of the law based on policy, I will move it to the politics site. I do not think it is right to arrest someone who hasn't broken any laws. The witness didn't probably show up due to ...
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When will desuetude apply to Julian Assange's bail violation in U.K. law?

In most legal systems, there is a timeout after that a crime can't be punished any more. It is desuetude. Currently, Julian Assange can't leave the Equadorian Embassy of the U.K., because he will be ...
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96 views

In US do you have right to stop thieves from leaving?

https://9gag.com/gag/a3KMe67 A woman is caught shoplifting and in this video the guard called the police. Is what the black man did illegal? I've heard before that a thief have "right" to flee, and ...
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Can somebody, in USA, have an official and unofficial date and place of arrest?

Dumitru Popescu, the CEO of ARCA Space Corporation, (a strange mixture of a scammer, inventor and man with mental problems who made a lot of noise in newspapers regarding his inventions) was arrested ...
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What comes first: the arrest, or the charge(s)?

Forgive me if this seems like an asinine question, and please feel free to be as pedantic as possible if answering. I'm working on data modeling a piece of software and it's relevant to my data ...
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Cop arrests nurse despite fully knowing that she had done nothing wrong. Will a personal lawsuit against the cop be likely to win?

Officer Jeff Payne put Alex Wubbels a hospital nurse under arrest even though it was ever so blatant that she had done nothing wrong. Will suing this cop personally be likely to succeed? I've read ...
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139 views

Can you be arrested for something you say while bound by a confidentiality agreement?

It seems odd to me that a confidentiality agreement could actually increase your odds of being arrested, but it happened. I was once arrested and sent to jail overnight for public intoxication while ...
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1answer
214 views

When and how, after being arrested, can a person hire their own attorney?

I've never been arrested or been a party in any legal case (other than minor traffic violations) that warranted getting an attorney, so having never hired legal counsel, forgive me if this is an ...
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1answer
2k views

Can the police legally force you to sit in interrogation?

I guess more specifically, when cops order you to sit down in an interrogation room (before you have been charged or arrested), is this a 'lawful order'? I am asking because of the way this is often ...
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1answer
127 views

Can a judge deny bail for a failure to appear warrant arrest?

If you have failed to appear to court for a civil case and get arrested for failure to appear, is that reason enough to be denied bail until the FTA hearing?
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165 views

When can an arrest be made on the spot (wihtout a warrant)? [closed]

The question When can a citizens arrest be made and how much force can be used? made me wonder this. When can a police officer or a citizen arrest someone? How sure must they be that the law is being ...
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294 views

When can a citizens arrest be made and how much force can be used?

My understanding of a citizens arrest is its when a person detains another person who is caught committing a crime until police arrive. If the person tries to leave how much force can the arrester use?...
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Can a non US resident find out if there are outstanding warrants against him?

While discussing with some friends the case of a German VW-manager who was recently arrested in the USA , the following question came up: Is there a way for a non-US resident to find out if there are ...
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1answer
359 views

Dodging police bullet illegal?

Would dodging, or otherwise itentionally avoiding, being shot by the police be considered resisting arrest? Mainly regarding U.S. law, but interested if any other law adresses this.
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537 views

Is it legal to detain someone to prevent a possible crime that might be committed?

A draft memorandum from the Secretary of Homeland Security states: "Detention also prevents such aliens from committing crimes while at large in the United States and substantially increases the ...
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Can illegal aliens claim sanctuary in a church?

This tweet (as quoted in a Washington Post article), seems to suggest that illegal aliens can claim sanctuary in a church: #GuadalupeGarcia attorney says @ICEgov has lied to him and he will advise ...
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964 views

What exactly are an officer's requirements in order to demand ID in the US (New York)?

I watched a YouTube video recently which depicted the following situation, and I'd like to learn more about what peoples' rights are and what an officer's obligations are in a situation like this: A ...
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No public record found? what does this mean?

I have an arrest from about a decade ago for a petty crime. I was taken to a local jail given a court case and released. I went in front of the prosecutor and have no idea what actually happened to my ...
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133 views

What does an officer mean by custodial statement?

If (in Canada) a police officer asks you to come in to make a custodial statement does this mean you will be placed under arrest?
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Can I be arrested in my country's embassy abroad?

I am a Syrian refugee who escaped a war! In my country I am considered to have broken the law by doing this. I live in Romania and need to visit the embassy to renew my Syrian passport, as they ...
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1answer
1k views

How long can you be detained before the police are legally required to feed you?

Just like the title says, I'm wondering how long somebody can be held in custody before the police are legally required to feed them. Is there any legal limit, or is it at the discretion of the ...
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1answer
138 views

How long can the government charge you after arrest but before trial?

If a person has been arrested already, can the federal government bring up additional felony charges while that person awaits trial? And if so how long does the government have to bring up the ...
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2k views

Why aren't all people with warrants arrested immediately?

I've been watching a lot of episodes of the TV series Cops lately. A common scenario in this show is that when the police catch somebody who ran from them and ask why they ran they get the answer that ...
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106 views

Does the fact that you look like a guy who committed a crime constitute grounds for detention?

Does the fact that you look like a guy who committed a crime constitute grounds for detention? In other words, can you be pulled over for looking like a suspect who committed some crime and for no ...
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Can I be charged for a crime for simply confessing?

If I were to walk into the police station and confess to a crime I did not commit - that wasn't even under investigation - can they arrest or charge me just because I gave a confession?
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1answer
662 views

Is mere dancing in public prohibited in D.C.?

Is mere dancing in public prohibited in D.C.? I.e. is there any statute or by-law that makes dancing in public per se illegal in D.C.? If not, why were these people arrested at the Jefferson ...
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4k views

Are sidewalks on a university public or private property?

Specifically, am I allowed to travel on sidewalks on a university when I want, as I would be able to do outside of the university (which I know to be public property). If the state in question does ...
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414 views

How do lawyers get people out of custody?

On TV and in books, you often see someone getting picked by the police, held/interrogated for several hours, until a lawyer appears and forces the police to release them. Is this realistic? How do ...
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1answer
449 views

In the US, when and how must police identify themselves during an arrest? What are the remedies?

When and in what manner must police officers identify themselves during an arrest such that a charge of resisting arrest could be sustained against the arrestee in the case that they resist the ...
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96 views

Can you be arraigned for felony charges that you have not been arrested for?

The question I have relates to the fact that a warrant was issued for my arrest. When I received notice if this, I then notified the court that I have received such notice. At this point the court ...
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1answer
1k views

Can a hacker be arrested without investigating his computer?

So I would first like to state I'm not asking this because I'm trying to find out how much evidence it would take for law enforcement to arrest me (I'm not a hacker). From what I've gathered, law ...
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The 4th Amendment and case law relevant to police power for arrests without a warrant

The 4th Amendment states that The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no ...
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851 views

Failing to mention when questioned something you later rely on in court

If you are arrested in the UK, you'll hear that your rights include a rider inserted by the 1994 Criminal Justice and Public Order Act, after "you do not have to say anything": But, it may harm ...
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Can I become a surgeon with an arrest record of 3 felonies?

I was charged with 2 counts of burglary and one count of theft about a month after I turned 18 for taking scrap metal from an abandoned house. I was arrested but never convicted, and underwent PTI to ...
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1k views

Why is the Miranda warning typically given during an arrest?

I'll admit that this question stems more from indirect experiences through popular culture and not real-life experience (fortunately), but I think there's still some real-life backing to it. The "...
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1answer
6k views

Placing a Police Officer Under Citizen's Arrest

If you place a police officer under citizen's arrest, does that officer still hold the authority to arrest you?
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274 views

Are law enforcement officers obliged to apprehend a subject committing a crime at the earliest possible opportunity?

Inspired in part by this question: if a person is committing crimes of increasing severity, are law enforcement personnel obliged to apprehend them at the earliest opportunity? Specifically, are they ...
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Is personal information of arrestees published publicly?

Is personal information (e.g., names, address, phone number, past residences, etc.) of arrestees published publicly? Are arrest records public at all? If so, how would they be found?
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What recourse does someone have who was wrongfully arrested?

What recourse does someone have who was wrongfully arrested, and what outcome can someone expect from that recourse, in general and/or in California? If the charges that person was arrested for are ...
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Does the Right to Counsel require qualifications?

In the U.S. the Constitution has been interpreted as requiring that anyone arrested be allowed, at their request, to consult with a lawyer before being questioned, and to have one present during ...