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67 votes

Is it legal for a bank to trap you in an ATM vestibule?

A power failure is an obvious example of force majeure. Nobody would talk of kidnapping, as you tagged your question, if a power failure trapped a lift between floors. The real issue would be one of ...
o.m.'s user avatar
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45 votes

Is it legal for a bank to trap you in an ATM vestibule?

Many US jurisdictions have adopted the NFPA 101 Life Safety Code (which falls into the general category of building codes). The 2024 edition states 4.5.3.2 Unobstructed Egress. In every occupied ...
Gerard Ashton's user avatar
21 votes

"Innocent until proven guilty" doesn't apply to bail?

The concept of "innocent until proven guilty" is inherent in our constitutional protections for due process. As far as I know, the Supreme Court first formally recognized it as a rule in ...
bdb484's user avatar
  • 60.3k
18 votes

Is the use of language other than English 'Reasonable Suspicion' for detention?

It is intuitively crazy to think that speaking Spanish in Montana is evidence of a crime. Still, we will have to wait to see what the courts rule, if it goes that far. We should start with Terry v. ...
user6726's user avatar
  • 215k
17 votes

Is it legal for a bank to trap you in an ATM vestibule?

canada Is it legal for a bank to trap you in an ATM vestibule? If this was done intentionally, and outside of a citizen's arrest (s. 494, Criminal Code), this would make out the tort of false ...
Jen's user avatar
  • 57.1k
15 votes
Accepted

What are the detention without charge time limits?

The time between arrest and being presented to a judge depends on the country you are in: japan You can be in jail for 23 days before you even see a judge and are charged, and that clock resets ...
Trish's user avatar
  • 39.8k
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
10 votes

Told by police that I'm being detained. No probable cause or statute/law given. Am I free to leave?

There is a lot of confusion over the difference between reasonable suspicion and probable cause. They are not the same thing. Reasonable suspicion is any justifiable belief that a crime has been or is ...
Wes Sayeed's user avatar
  • 1,016
8 votes

"Innocent until proven guilty" doesn't apply to bail?

Innocence and guilt has nothing to do with remand or bail The common law presumption of innocence and the right not to be incarcerated without due process are not at all incompatible. The Constitution ...
Dale M's user avatar
  • 211k
7 votes

Are cops required by law to have "reasonable suspicion" in order to detain a person? If so, do they have to inform the detainee about the suspicion?

If there is no reasonable suspicion of a crime having been committed or about to be committed, then there is no reason to seize you, and the Fourth Amendment "right of the people to be secure in their ...
user6726's user avatar
  • 215k
7 votes
Accepted

What if a child dies in school detention?

In the US, detention does not add anything: we can generalize the principle to any time when a student is in the custody of the teacher (classroom, field-trip, sporting event...). One question, for ...
user6726's user avatar
  • 215k
6 votes

What are the powers of a retail security guard compared to a police officer?

A security guard does not have special police privileges, but in the US the shopkeeper has a privilege known as the shopkeeper's privilege to detain a suspected shoplifter for a reasonable time, and ...
user6726's user avatar
  • 215k
6 votes

What are the detention without charge time limits?

There is no treaty that, in general, sets a time in which someone must be charged with a crime once detained. The international norm is a reasonable time, which is further specified in domestic law.
ohwilleke's user avatar
  • 218k
5 votes

Can a School Keep a Child from their Parents, as a byproduct of discipline? (USA)

new-south-wales Almost certainly a school can enforce detention as part of discipline Government schools The Education Act 1990 at s35 gives the Minister power to discipline students and the power ...
Dale M's user avatar
  • 211k
5 votes

Are cops required by law to have "reasonable suspicion" in order to detain a person? If so, do they have to inform the detainee about the suspicion?

Many states that are known as "Stop and Identify" which requires anyone stopped by the police to identify information about themselves, such as providing your name, or providing a valid ID. ...
User37849012643's user avatar
5 votes

Stateless in Australia — how to obtain legal residency, education and citizenship without being detained?

First, let's be clear. Under the relevant Australian law, this person is an Australian citizen, This is for two reasons. First, because he or she is descended from someone who was born in Australia in ...
ohwilleke's user avatar
  • 218k
3 votes

What are the powers of a retail security guard compared to a police officer?

The power of arrest is not limited to police new-south-wales A person who is not a police officer may, without a warrant, arrest a person if they: are in the act of committing an offence have just ...
Dale M's user avatar
  • 211k
3 votes

Are cops required by law to have "reasonable suspicion" in order to detain a person? If so, do they have to inform the detainee about the suspicion?

No a Texas Law Enforcement Officer can not make you show your license. In 1981, the Southern District of Texas ruled that a defendant was arrested and subsequently convicted due to their ...
Putvi's user avatar
  • 3,992
3 votes

Told by police that I'm being detained. No probable cause or statute/law given. Am I free to leave?

Police are not required to explain the basis of their claimed reasonable suspicion or probable cause to the people they are detaining or arresting. If they were, it would be impossible for them to do ...
phoog's user avatar
  • 37.5k
3 votes

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

The New York law involving identity is in §140.50 and reads as follows: In addition to the authority provided by this article for making an arrest without a warrant, a police officer may stop a ...
Cicero's user avatar
  • 6,920
3 votes
Accepted

What exactly triggers the condition of "being under arrest"

No An arrest is the act of detaining a person or property by legal authority or warrant and has been made when a police officer or another individual makes it clear to the person that they are no ...
Dale M's user avatar
  • 211k
3 votes

Can a School Keep a Child from their Parents, as a byproduct of discipline? (USA)

I've never heard of weekend detention. Good heavens! I have faced this question myself, as a parent, with regards to after-school detention, and lunch detention. In my state, New York, I found an ...
aparente001's user avatar
3 votes

Can a School Keep a Child from their Parents, as a byproduct of discipline? (USA)

germany tl;dr: Yes, the school may detain children for disciplinary reasons, but only as authorized by law, and generally only to perform extra work, not just as punishment. In general, the ...
sleske's user avatar
  • 8,215
2 votes
Accepted

If i'm left as a de-facto caretaker do I count as acting in loco parantis?

No In loco parentis is a doctrine where the person has parental rights and obligations to discipline and correct children, not just a duty to care for their health and safety. By adopting the role of ...
Dale M's user avatar
  • 211k
2 votes

The right of self-represented detainee/prisoner to do legal research

1. United States It is recognized that the right to meaningful access to courts generally requires access to adequate resources under the Fourth Amendment. "More importantly, [the U.S. Supreme] ...
kisspuska's user avatar
  • 3,924
2 votes

What are the detention without charge time limits?

Are there international agreements or conventions which address detention without charge? Yes, detention shall not be “arbitrary” and any remedy for violation shall be “effective”. Universal ...
Dale M's user avatar
  • 211k
2 votes

What are the powers of a retail security guard compared to a police officer?

canada If an owner of property or someone authorized by the owner observes another committing a crime in relation to that property, the owner or person authorized can make a citizen's arrest (see ...
Jen's user avatar
  • 57.1k
2 votes
Accepted

What in the UK are the differences between detention and arrest?

Arrest involves detention but not vice-versa Arrest refers to the power of police (and others) to detain you in order to prevent or investigate a potential offence. You are detained when your freedom ...
Dale M's user avatar
  • 211k

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