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fastfred
Old Hand



Registered: 05/17/04
Posts: 6,899
Loc: Dark side of the moon
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Re: More police lies. [Re: Beebo]
#6648864 - 03/08/07 12:19 PM (17 years, 2 months ago) |
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Quote:
Beebo said: I know that in the united states you can be held for 24 hours for " questioning" before they are either released or charged with a crime, at least thats what habeas corpus says. I could be misinterpreting it but I've been digging into this.
Maybe someone who knows more can clear this up better. (Seuss?)
They can't hold you for "questioning" in the US. At least last time I checked we hadn't quite become Nazi Germany yet. "Vee haf some questions for you!"
Cops will try to pull that bullshit if you let them though. If a cop ever tells you you have to come down to the station to answer some questions you need to say "Got a warrant? ...Ok see ya later".
Without an arrest warrant they can't make you do anything. To get the warrant they need a judge to sign off on it, or else they need probable cause that you committed a crime. Now once they've arrested you on probable cause they then have a time period where they either have to charge you or release you. That's the time period that you're talking about. It's not that they can hold you for questioning, it's that they have to produce actual charges or release you within some timeframe. But you have to be arrested before they can hold you at all.
I remember a case where some guy swallowed a bunch of drugs, so they arrested him for probable cause that he was in possession of drugs. But without any evidence they couldn't charge him. So they were holding him waiting for him to pass the contraband. He was trying to keep it in until they had to release him. It must have been in europe or something because they were allowed to keep him for several weeks. Last I heard he was still holding out after a week or so and they were thinking they were going to have to release him.
Anyone see that story?
-FF
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Beebo
Stranger


Registered: 01/17/06
Posts: 197
Last seen: 14 years, 7 months
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Re: More police lies. [Re: fastfred]
#6651626 - 03/09/07 01:39 AM (17 years, 2 months ago) |
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Yeah that sounds correct FF, sorry it's a bitch to find that out on the net. But it sounds like the Probable cause is correct.
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Seuss
Error: divide byzero



Registered: 04/27/01
Posts: 23,480
Loc: Caribbean
Last seen: 3 months, 8 days
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Re: More police lies. [Re: fastfred]
#6660671 - 03/12/07 05:55 AM (17 years, 2 months ago) |
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> Maybe someone who knows more can clear this up better
I don't know for certain. I think it is defined on a state by state basis. I know that where I used to live in the US, the police could detain you for up to 48 hours without pressing charges or making an arrest. More often than not, the detained person was sent to a hospital for evaluation to ensure that they were not a danger to themselves or society. I honestly cannot recall a single case of the 48-hour detainment being abused by police. (Just 'cause I don't remember any, doesn't mean it hasn't happened!)
> Without an arrest warrant they can't make you do anything.
Not 100% accurate. You can be detained without being arrested. When you get pulled over for speeding, you are being detained. When a cop stops you on the street to ask you a question, you are being detained. (The proper reply, "Officer, I am very late. Am I being detained, or am I free to leave?")
Finally, police can and do question people that are being detained. They should inform you of your Miranda rights, but they are not required to do so by law. (Officer: Do you know how fast you were driving? Have you had anything to drink tonight? etc...) If you request legal council, then they are not allowed to continue questioning you, though they may still detain you while they continue to investigate.
Disclaimer: I'm not a lawyer, and I'm not an expert in law... I may be speaking out my ass here... be careful and research my claims before testing them against your freedom.
-------------------- Just another spore in the wind.
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DrCamacho89
Mazel Tuff



Registered: 03/12/07
Posts: 1,981
Last seen: 16 years, 28 days
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Re: More police lies. [Re: Seuss]
#6663266 - 03/12/07 10:43 PM (17 years, 2 months ago) |
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Cops are the guys in school who got beat up as kids. They got to a point in their lives that they had nothing stable and no money, and probably were pissing their lives away. So, they decided to become cops so they can get back at all the kids that kicked their asses as adolescents.
-------------------- "The Highways of Life are Paved with Flat Squirrels who Couldn't Make Up Their Minds"
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