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Arrested but NOT charged legal in Ohio?

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Cincy Jim

Junior Member
1) Is it LEGAL (Ohio) to arrest first
2) & review/find the "crime" later?
3) It it LEGAL (Ohio) NOT to inform the "criminal" of the alleged offense at/near the time of offense??

OHIO. I was arrested, handcuffed and taken to the PD for ~1 1/2 hours while the arresting cop, and later his supervisor, looked through two thick hand books for my "crime". Finally they agreed "the only thing left is "that" (pointing into book), the paperwork was filled, I was taken to the county jail and booked. Several hours later I was released on OR, and given a sheet of paper with my hearing date & REASON for arrest was guilty of "disorderly" conduct". I was NEVER told "you are arrested for ... ...". I found out with the release paperwork.
 


FlyingRon

Senior Member
1) Is it LEGAL (Ohio) to arrest first
2) & review/find the "crime" later?
3) It it LEGAL (Ohio) NOT to inform the "criminal" of the alleged offense at/near the time of offense??
Yes, Yes, Yes.

The arraignment is where you are officially read what you're being charged with.
Even after that, until the first witness is called you haven't been "tried."

People are arrested or otherwise stopped for things that result in them being prosecuted for crimes unrelated to the suspicion/cause they ere stopped/arrested for.

Can't tell you how many times people have been stopped for equipment violations (tail lights, etc...) that resulted in DUIs.
 

Cincy Jim

Junior Member
Yes, Yes, Yes.

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.....

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An arrest with NO KNOWN CAUSE? PLEASE cite that law, as The Constitution states differently;
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Amendment IV

The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.
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What law overrides the US Constitution, Ohio state law? A Cheviot, Ohio policeman's personal discretion? WHICH LAW OVERRIDES OUR CONSTITUTION???
 

CdwJava

Senior Member
What offense were you ultimately charged with?

It could be that they knew your actions constituted A crime, they just were not immediately certain which code section or subsection might apply.

As for informing you of the offense when they first took you into custody, that might be state specific. Chances are they don't have to inform you of the specific offense until booking or citation, and even then the DA can change it before arraignment.
 

justalayman

Senior Member
An arrest with NO KNOWN CAUSE? PLEASE cite that law, as The Constitution states differently;
--------------------------------------------------
Amendment IV

The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.
------------------------------------------------

What law overrides the US Constitution, Ohio state law? A Cheviot, Ohio policeman's personal discretion? WHICH LAW OVERRIDES OUR CONSTITUTION???
You have what probable cause was based on: disorderly conduct


but realistically, you are not understanding where probable cause comes in and what it actually is.
 

OHRoadwarrior

Senior Member
Generally speaking you can be held about 72 hours before charged as an interpretation of the Constitution. It does not give a specific time frame. State law may change that.
 

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