pinqy
Gold Member
What are you defining as a false arrest, though? A mistaken arrest is not unlawful.A false arrest should be considered false imprisonment and cops should be held responsible, especially if they make a habit of it.
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What are you defining as a false arrest, though? A mistaken arrest is not unlawful.A false arrest should be considered false imprisonment and cops should be held responsible, especially if they make a habit of it.
Something along the lines of the guy in NYC that got killed because he had sold loosies in the past.What are you defining as a false arrest, though? A mistaken arrest is not unlawful.A false arrest should be considered false imprisonment and cops should be held responsible, especially if they make a habit of it.
I say a cop can arrest anyone they want and its up to a judge to decide after the fact if it is lawful or not.
Can anyone resist arrest? Even if its Unlawful, that isnt for you to decide, is it?
Any citizen can arrest someone in clear circumstances of felony. S/he better be ready to accept the consequences, however.
Technically, the police have to have probable cause to even interrogate someone (which is why the random stopping of vehicles to check for sobriety and papers should have been found unconstitutional).
You don't have to prove your innocence; it is for them to prove your guilt.
A citizen's arrest was banned?Any citizen can arrest someone in clear circumstances of felony. S/he better be ready to accept the consequences, however.
Technically, the police have to have probable cause to even interrogate someone (which is why the random stopping of vehicles to check for sobriety and papers should have been found unconstitutional).
You don't have to prove your innocence; it is for them to prove your guilt.
They banned those here in Texas.
A citizen's arrest was banned?Any citizen can arrest someone in clear circumstances of felony. S/he better be ready to accept the consequences, however.
Technically, the police have to have probable cause to even interrogate someone (which is why the random stopping of vehicles to check for sobriety and papers should have been found unconstitutional).
You don't have to prove your innocence; it is for them to prove your guilt.
They banned those here in Texas.
A citizen's arrest was banned?Any citizen can arrest someone in clear circumstances of felony. S/he better be ready to accept the consequences, however.
Technically, the police have to have probable cause to even interrogate someone (which is why the random stopping of vehicles to check for sobriety and papers should have been found unconstitutional).
You don't have to prove your innocence; it is for them to prove your guilt.
They banned those here in Texas.
Sobriety checkpoints.
A citizen's arrest was banned?Any citizen can arrest someone in clear circumstances of felony. S/he better be ready to accept the consequences, however.
Technically, the police have to have probable cause to even interrogate someone (which is why the random stopping of vehicles to check for sobriety and papers should have been found unconstitutional).
You don't have to prove your innocence; it is for them to prove your guilt.
They banned those here in Texas.
Sobriety checkpoints.
Randomness of a given 'closer scrutiny' being why. That's unconstitutional. If yous earch everyone, it's legal. If randomly, it's illegal.
"Something along the lines of...." hmmmm not a phrase I'm used to seeing criminal statutes. The definitions are usually actually definitions.Something along the lines of the guy in NYC that got killed because he had sold loosies in the past.What are you defining as a false arrest, though? A mistaken arrest is not unlawful.A false arrest should be considered false imprisonment and cops should be held responsible, especially if they make a habit of it.
Gray was arrested before the knife was discovered. And for what exactly? Looking at a cop and running away."Something along the lines of...." hmmmm not a phrase I'm used to seeing criminal statutes. The definitions are usually actually definitions.Something along the lines of the guy in NYC that got killed because he had sold loosies in the past.What are you defining as a false arrest, though? A mistaken arrest is not unlawful.A false arrest should be considered false imprisonment and cops should be held responsible, especially if they make a habit of it.
Looking at Eric Garner's death, there does not appear to be reasonable suspicion to warrant an arrest. IF there had been direct complaints that day that he was selling loosies, then the arrest would have been fine.
Freddie Gray is tougher as it could be considered a reasonable mistake of law to believe the knife was illegal under Baltimore law, though it was clearly legal under Maryland law.
And Maryland case law provides a good example that existing law does punish false arrest.
In 1996, police were called for a theft at a mall in Waldorf Md. They stopped 4 yutes who matched the description, and patted them down. The store owner showed up and declared that they were not the thieves. Crispin Sorrell was arrested anyway for possession of a 3" folding pocket knife.
So, any folding knife that is not a switchblade is not a weapon under Maryland law, and that had already been established in court. So the officer had no probable cause for arrest and should have known he did not. So the court waived his qualified immunity and allowed a suit for false arrest.
Damn someone agreed with me? Sick world we live in.Arresting people is dangerous. We have to think about the safety of the cop and arresting someone can put them at risk. It's better that they just shoot the person until they're dead and then justify it later.
No, he was not. Running from the police is reasonable suspicion and the cops can pursue to investigate. Once detained because of that reasonable suspicion, they found the knife. The arrest was for the knife. (which I maintain was legal under Baltimore law and the arrest was wrong)Gray was arrested before the knife was discovered. And for what exactly? Looking at a cop and running away."Something along the lines of...." hmmmm not a phrase I'm used to seeing criminal statutes. The definitions are usually actually definitions.Something along the lines of the guy in NYC that got killed because he had sold loosies in the past.What are you defining as a false arrest, though? A mistaken arrest is not unlawful.A false arrest should be considered false imprisonment and cops should be held responsible, especially if they make a habit of it.
Looking at Eric Garner's death, there does not appear to be reasonable suspicion to warrant an arrest. IF there had been direct complaints that day that he was selling loosies, then the arrest would have been fine.
Freddie Gray is tougher as it could be considered a reasonable mistake of law to believe the knife was illegal under Baltimore law, though it was clearly legal under Maryland law.
And Maryland case law provides a good example that existing law does punish false arrest.
In 1996, police were called for a theft at a mall in Waldorf Md. They stopped 4 yutes who matched the description, and patted them down. The store owner showed up and declared that they were not the thieves. Crispin Sorrell was arrested anyway for possession of a 3" folding pocket knife.
So, any folding knife that is not a switchblade is not a weapon under Maryland law, and that had already been established in court. So the officer had no probable cause for arrest and should have known he did not. So the court waived his qualified immunity and allowed a suit for false arrest.
"once detained" "they found the knife" I believe that is what I said. Making eye contact and running is reasonable suspicion of what crime exactly?No, he was not. Running from the police is reasonable suspicion and the cops can pursue to investigate. Once detained because of that reasonable suspicion, they found the knife. The arrest was for the knife. (which I maintain was legal under Baltimore law and the arrest was wrong)Gray was arrested before the knife was discovered. And for what exactly? Looking at a cop and running away."Something along the lines of...." hmmmm not a phrase I'm used to seeing criminal statutes. The definitions are usually actually definitions.Something along the lines of the guy in NYC that got killed because he had sold loosies in the past.What are you defining as a false arrest, though? A mistaken arrest is not unlawful.A false arrest should be considered false imprisonment and cops should be held responsible, especially if they make a habit of it.
Looking at Eric Garner's death, there does not appear to be reasonable suspicion to warrant an arrest. IF there had been direct complaints that day that he was selling loosies, then the arrest would have been fine.
Freddie Gray is tougher as it could be considered a reasonable mistake of law to believe the knife was illegal under Baltimore law, though it was clearly legal under Maryland law.
And Maryland case law provides a good example that existing law does punish false arrest.
In 1996, police were called for a theft at a mall in Waldorf Md. They stopped 4 yutes who matched the description, and patted them down. The store owner showed up and declared that they were not the thieves. Crispin Sorrell was arrested anyway for possession of a 3" folding pocket knife.
So, any folding knife that is not a switchblade is not a weapon under Maryland law, and that had already been established in court. So the officer had no probable cause for arrest and should have known he did not. So the court waived his qualified immunity and allowed a suit for false arrest.
Your belief is incorrect. You wrote "Gray was arrested before the knife was discovered. ""once detained" "they found the knife" I believe that is what I said.No, he was not. Running from the police is reasonable suspicion and the cops can pursue to investigate. Once detained because of that reasonable suspicion, they found the knife. The arrest was for the knife. (which I maintain was legal under Baltimore law and the arrest was wrong)Gray was arrested before the knife was discovered. And for what exactly? Looking at a cop and running away."Something along the lines of...." hmmmm not a phrase I'm used to seeing criminal statutes. The definitions are usually actually definitions.Something along the lines of the guy in NYC that got killed because he had sold loosies in the past.What are you defining as a false arrest, though? A mistaken arrest is not unlawful.
Looking at Eric Garner's death, there does not appear to be reasonable suspicion to warrant an arrest. IF there had been direct complaints that day that he was selling loosies, then the arrest would have been fine.
Freddie Gray is tougher as it could be considered a reasonable mistake of law to believe the knife was illegal under Baltimore law, though it was clearly legal under Maryland law.
And Maryland case law provides a good example that existing law does punish false arrest.
In 1996, police were called for a theft at a mall in Waldorf Md. They stopped 4 yutes who matched the description, and patted them down. The store owner showed up and declared that they were not the thieves. Crispin Sorrell was arrested anyway for possession of a 3" folding pocket knife.
So, any folding knife that is not a switchblade is not a weapon under Maryland law, and that had already been established in court. So the officer had no probable cause for arrest and should have known he did not. So the court waived his qualified immunity and allowed a suit for false arrest.
Any number. You don't need to articulate a particular crime to have reasonable suspicion that a crime was or had been committed.Making eye contact and running is reasonable suspicion of what crime exactly?