Questions tagged [arrest]

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

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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 ...
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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?
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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 ...
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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 ...
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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 ...
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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. ...
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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. ...
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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 ...
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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 ...
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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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Does pre-trial detention exist only because of a resources constraint?

A lot of people are talking about alternatives to cash bail recently, which made me wonder, why does pre-trial detention exist in the first place? My layman's understanding of pre-trial detention is ...
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Can the Federal Protective Service make arrests without identification or in unmarked cars?

This week, a protestor who was part of the George Floyd protests in Portland, Oregon was arrested by federal agents who were without identification, and who put him into an unmarked van. Customs and ...
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Sedative Administration by Law Enforcement: Legal Precedents?

Question: Are the any legal precedents (U.S. legal system) that have firmly addressed the administration and usage of sedatives on apprehended individuals by or at the request of law enforcement ? To ...
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Do you have to answer questions in English when pulled over?

When you have been pulled-over when operating a vehicle on public property (i.e. a highway), do you have to communicate with the officer in English in (Arizona) United States of America? I understand ...
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Would it have been legal to step in and prevent the death of George Floyd? (Interfere with arrest to save a life) [duplicate]

I know this is a viral topic right now but I don't mean to ask it simply for the sake of hype and controversy. I am genuinely curious about it. If this question isn't appropriate here, please advise ...
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Resisting Arrest: Calling your attorney

If you are detained or arrested by US law enforcement and command Siri (handsfree) to call your attorney (obviously do not give the LE a reason to think you are reaching for a weapon). Can this be ...
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If police come to my house with a warrant for my arrest, can they break in?

Suppose police have a warrant to arrest me for a minor offense, like failure to pay fines. If police come to my residence and I quietly hide they go away. If they see me at the window or I speak ...
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Can I be arrested in US consulate for a warrant in the states?

A few years ago I came to Mexico to stay for a while. While I was here I was summoned for court in Arizona, but never appeared (because I'm in Mexico). A warrant was issued for my arrest a few months ...
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Were there any broken laws, unlawful orders or violation of rights during this traffic stop?

Here is a video of a traffic stop in Sacramento, California. Questions: Did the police or the detainee break any laws? Did the police issue any unlawful orders? In particular, was the order to roll ...
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Was Francisco Erwin Galicia Arrested or Detained?

Francisco Erwin Galicia was held 23 days incommunicado by CBP in Texas. Was he arrested or detained? What is the line of reasoning for arriving at the conclusion? Update: Galacia's attorney ...
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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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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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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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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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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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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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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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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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3 answers
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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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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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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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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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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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When can a citizens arrest be made and how much force can be used?

My understanding of a citizen’s arrest that it's when is 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 ...
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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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