Free Republic
Browse · Search
News/Activism
Topics · Post Article

To: GOPJ
A person can be brought in for questioning without being arrested, right?

It depends. If a person is forcibly restrained, they are under arrest. There is a sort of halfway situation that is known as "being detained". The courts have ruled that police can "detain" a person for a few minutes while they ask them questions. More that about 15 to 20 minutes is considered an arrest.

It does not really matter what the police call it. If a person is forcibly restrained for more than a few minutes, they are under arrest.

If they know they can leave, but voluntarily remain with the police while they are questioned, that is not an arrest.

44 posted on 04/23/2012 8:06:35 AM PDT by marktwain
[ Post Reply | Private Reply | To 43 | View Replies ]


To: marktwain

An arrest requires that a person be read their rights - does that happen if they’re just being detained? Do you know if Zimmerman was read his Miranda rights? By the way Mark - it’s always nice when you take the time to explain things - it’s appreciated.


45 posted on 04/23/2012 8:25:43 AM PDT by GOPJ (Hoodies - because you can't kill a security camera for snitchin' - - freeper tacticalogic)
[ Post Reply | Private Reply | To 44 | View Replies ]

Free Republic
Browse · Search
News/Activism
Topics · Post Article


FreeRepublic, LLC, PO BOX 9771, FRESNO, CA 93794
FreeRepublic.com is powered by software copyright 2000-2008 John Robinson