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58 votes
Accepted

Can illegal aliens claim sanctuary in a church?

The case you identify is not unique. For example, the Unitarian church in Denver has done much the same thing. There is not a legal right to sanctuary in a church. But, as a manner of law enforcement ...
ohwilleke's user avatar
  • 218k
51 votes
Accepted

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

Even if unlimited resources were available, in order to have a fair trial, the prosecution and defense both need time to prepare their cases, research the law, conduct investigations, gather evidence, ...
Nate Eldredge's user avatar
41 votes

Can a non-citizen make a citizen's arrest in the US?

Yes. The meaning of "citizen" in "citizen's arrest" has nothing to do with citizenship. It just means "ordinary person" or "member of the public" — as opposed ...
Greendrake's user avatar
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36 votes

When will desuetude apply to Julian Assange's bail violation in U.K. law?

Desuetude is the wrong concept. Desuetude relates to laws as a whole falling out of use; it doesn’t relate to individual cases. There is no question that the UK actively enforces their bail laws so ...
Dale M's user avatar
  • 211k
36 votes
Accepted

Can police arrest you to later fish for probable cause?

Police may not arrest you without probable cause, and the existence of probable cause is evaluated “at the moment of the arrest.” Beck v. State of Ohio, 379 U.S. 89, 96 (1964). Therefore, police may ...
bdb484's user avatar
  • 60.4k
34 votes

Why would Donald Trump be arrested?

An accused would be arrested for the purposes of arraignment ("even a scheduled arrest is still an arrest"). That does not entail that the accused would be held in custody pending or during ...
Jen's user avatar
  • 57.3k
29 votes

If police come to my house with a warrant for my arrest, can they break in?

It depends on the type of warrant. Failure to pay a fine is not necessarily an arrestable offence. The Police Scotland Warrants Standard Operating Procedure (710 kB PDF) states: 5.3 Whilst there ...
Owain's user avatar
  • 1,985
29 votes
Accepted

What if Miranda rights aren't read?

If a person is arrested and not apprised of their rights, anything that they say cannot be used in court, but perhaps conviction does not depend on the defendant's statements. Even without the warning,...
user6726's user avatar
  • 215k
19 votes

Why would Donald Trump be arrested?

New York Criminal Procedure Law, section 210.10, Requirement of and methods of securing defendant's appearance for arraignment upon indictment, subsection 3 (emphasis added): If the defendant has not ...
phoog's user avatar
  • 37.5k
17 votes

Can a non-citizen make a citizen's arrest in the US?

For the purposes of “citizen’s arrest” statutes, the use of the word “citizen” is interpreted broader than a citizen of a State or a national of the U.S.. It may still, however, exclude certain ...
kisspuska's user avatar
  • 3,924
17 votes

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?

Here is one of the three Trump appearance bonds. As you can see, it is a personal recognizance bond, and not a dollar amount bond. He promises to appear, as required, and there is no money involved. ...
user6726's user avatar
  • 215k
15 votes

Can illegal aliens claim sanctuary in a church?

If a person is within a political unit X, they are in the jurisdiction of X, and unless them have specific immunity (e.g. Art. 1 Sect. 6 Cl. 1 of the Constitution, congressional immunity from arrest), ...
user6726's user avatar
  • 215k
15 votes

Can police arrest you to later fish for probable cause?

It depends on the meaning of "can." Do you mean to ask whether it is lawful, or whether it is possible for police to make such an arrest, or whether it is possible for such an arrest to ...
phoog's user avatar
  • 37.5k
13 votes
Accepted

Does a citizen have to open the door to UK police if they do not give a reason?

This helpful video gives the answer, and it's no, you don't have to open your door unless they have a warrant. If you've committed an indictable offence (those considered most serious, such as murder, ...
ian's user avatar
  • 457
13 votes

Why do the police announce the time when they arrest somebody?

There are clear rules about the length of time a suspect can be held. The UK government says in Being arrested: your rights How long you can be held in custody The police can hold you for up to 24 ...
Weather Vane's user avatar
  • 3,065
12 votes
Accepted

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

There are a variety of situations like border crossings, entry into official buildings, etc. in which there is a general right for law enforcement to demand identification on a suspicionless basis, ...
ohwilleke's user avatar
  • 218k
12 votes

If police come to my house with a warrant for my arrest, can they break in?

From https://www.mygov.scot/your-rights-sheriff-officers/ Forcing entry If a sheriff officer has permission from the court to enter your home or workplace but you don't let them in, they are allowed ...
IKnowNothing's user avatar
  • 2,283
12 votes

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

Witness statements are a form of evidence. It depends on what the statement was, for example "Chasly committed a verbal hate crime" is not sufficient evidence for an arrest. Sworn testimony ...
user6726's user avatar
  • 215k
11 votes

Can you be arrested for not paying a vendor like a taxi driver or gas station?

Theft of service In Texas: [t]heft of service charges can also arise if you agree to make payment in exchange for a service, and then refuse to pay for the service once it’s rendered. Texas Penal ...
Jen's user avatar
  • 57.3k
10 votes

Can you be arrested for not paying a vendor like a taxi driver or gas station?

Yes, an arrest is possible Taking a taxi and telling the driver you will pay, and having already intended not to pay in the beginning but running of is, in germany, Fraud (Betrug) under §263 StGB. ...
Trish's user avatar
  • 39.9k
9 votes

Can I be arrested in my country's embassy abroad?

The embassy is not technically the sovereign territory of the sending country; it remains the sovereign territory of the receiving country, although it does enjoy special protections from interference ...
Patrick87's user avatar
  • 4,241
9 votes

Legal basis for arresting a person not actively committing a crime?

Warrants You say: "Formerly if a person was NOT apprehended in the commission of a felony, but was merely a suspect, then the authorities had to INDICT the suspect to prove sufficient evidence.&...
Dale M's user avatar
  • 211k
9 votes
Accepted

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?

It would be an extraordinary circumstance for a defendant to be out on bail or bond without that fact being part of the public record. In general, the public has access to court records under both the ...
bdb484's user avatar
  • 60.4k
8 votes

Can the police legally force you to sit in interrogation?

If the police order you to sit in an interrogation room and you are not permitted to leave, by definition, you have been arrested. Detaining someone against their will for longer than necessary to ...
ohwilleke's user avatar
  • 218k
7 votes
Accepted

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

There appears to be no specific number of hours. This article touches on the matter, presenting a slew of cases where e.g. the prisoner was on a hunger strike (self-imposed starvation is not cruel and ...
user6726's user avatar
  • 215k
7 votes

Why aren't all people with warrants arrested immediately?

Warrants can be issued for failure to appear in court for even the most trivial infraction. If you're interested in reading here's an article that describes some of the more extreme examples in the ...
feetwet's user avatar
  • 21.8k
7 votes
Accepted

What comes first: the arrest, or the charge(s)?

It can go either way. If detectives have been working to build a big conspiracy case against you, they might get charges filed before they roll up to arrest you. If a cop catches you mugging someone, ...
cpast's user avatar
  • 23.9k

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