Archived posting to the Leica Users Group, 2002/12/08

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Subject: Re: [Leica] Is this believable?
From: Bryan Caldwell <bcaldwell51@earthlink.net>
Date: Sun, 08 Dec 2002 17:30:22 +0900

On 12/8/02 4:04 PM, "Roland Smith" <roland@dnai.com> wrote:

> Since you work in a DA's office, please provide any relevant authority.


Actually, Roland, I'm a Public Defender, not a D.A.

I'm afraid the questions you ask do not make for easy or simple answers.
Even if there were simple legal answers, as I explained in an earlier
posting, a "real world" encounter between a police officer and a civilian
really becomes a matter of who's version of the encounter is believed.
Police have the power to detain short of arrest if they have probable cause
to believe that a crime has been committed and that the person being
detained either committed the crime or is critical to their investigation of
the crime. A detention, of course, must be reasonable under the
circumstances.

Bryan


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