Re: [Leica] Is this believable?

["Gary Williams" <nasmformyzombie@mindspring.com>]

Subject: Re: [Leica] Is this believable?


> No walk on the wild side for you, eh ? As far as believing that
> something has to be codified to have a reality, then you haven't been
> living in the real world.
> You have to remember that we have individuals out there, under the color
> of the law, that have to interpret a situation on the cuff. More often
> than not, they will err on the side of caution, and then deal with the
> consequences later.
> Granted that they tutored in police science, whatever that may be, but
> the lack of respect for civil liberties is rampart, er 'scuse me, rampant.
> Slobodan Dimitrov
>
>
> Austin Franklin wrote:
> >
> > Hi,
> >
> > I'm asking what law states that I am under arrest by default?  I don't
> > believe that is true.  You have to break a law to be under arrest, and
being
> > under arrest requires telling you why you are under arrest, as well as
the
> > reading of your Miranda Rights...I believe.
> >
> > I also do not believe walking away from a supposed officer, who believes
he
> > has "engaged" you, is a crime.  Perhaps it is...but I'd like to see the
> > actual written law that states that.  I just don't blindly believe these
> > type of things without some better understanding.
> >
> > Austin
> >
> > > -----Original Message-----
> > > From: owner-leica-users@mejac.palo-alto.ca.us
> > > [mailto:owner-leica-users@mejac.palo-alto.ca.us]On Behalf Of S
Dimitrov
> > > Sent: Friday, December 06, 2002 12:48 PM
> > > To: leica-users@mejac.palo-alto.ca.us
> > > Subject: Re: [Leica] Is this believable?
> > >
> > >
> > > How do you know he's not involved in some kind of fact finding?
Besides,
> > > try walking away, when you have been stopped, or engaged in some way.
> > > Once stopped by an officer, that is an act of arrest.
> > > Slobodan
> > >
> > > Austin Franklin wrote:
> > > >
> > > > > Technically, once an officer of the law stops you, even to
> > > ask about the
> > > > > weather, you're under arrest until_he_decides
> > > the_conversation_is over.
> > > >
> > > > Hi Slobodan,
> > > >
> > > > Where did you get that from?
> > > >
> > > > Austin

In the USA, a police offer can stop and question an individual ONLY if the
officer has what the
legal profession calls "probable cause."  State law varies, but I believe in
virtually every jurisdiction
an individual cannot be detained in police custody for more than 24 hours
without specific charges,
that is to say an official arrest.

Under probable cause, the police may search your person for weapons.  The
police cannot search concealed property without your permission, or in the
absence of your consent, a search warrant.

The anti-terrorism statutes are a different matter.

Gary


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