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Arrests, Searches, Warrants & Procedure : Includes Right to Counsel, Fifth Amendment Rights, Right to Trial by Jury, etc.
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  #1  
Old 08-16-2005, 12:19 PM
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Join Date: Aug 2005
Posts: 4
Exclamation

Unlawful arrest?


Hello, I am writting from Iowa, I am going to school for criminal justice, but I had a friend who was stopped by cops, they said the music in the car was to loud, they asked for his info, he gave it to them, nothing came back on his name.. they were going to place him in cuffs to arrest him and he took off, none of the officers( eyewitness accounts say anywhere between 6-10 officers) none of them took off running after him, they sent the dogs on him. But my question is can they place you under arrest because you don't have any info pulled up on you?? and they never read his Miranda rights.. which I know is a big no-no.. but can they arrest him?
  #2  
Old 08-16-2005, 06:45 PM
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Join Date: Apr 2005
Posts: 1,140
Quote:
Originally Posted by Jayleeb21
Hello, I am writting from Iowa, I am going to school for criminal justice, but I had a friend who was stopped by cops, they said the music in the car was to loud, they asked for his info, he gave it to them, nothing came back on his name..
That's because he lied about his identity.
Quote:
they were going to place him in cuffs to arrest him and he took off
He ran because he realized they knew he was lying.
Quote:
none of the officers( eyewitness accounts say anywhere between 6-10 officers) none of them took off running after him, they sent the dogs on him.
Why should they chase him themselves if they've got police dogs available? Dogs can run faster than crooks.
Quote:
But my question is can they place you under arrest because you don't have any info pulled up on you??
You can be placed under arrest for lying to the police.
Quote:
and they never read his Miranda rights.
They didn't need to.
Quote:
which I know is a big no-no.
So is lying to the police, then running from them.
Quote:
but can they arrest him?
Of course they can.
  #3  
Old 08-16-2005, 11:11 PM
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Join Date: Aug 2004
Location: Southern California
Posts: 2,503
Quote:
I am going to school for criminal justice,
Quote:
they never read his Miranda rights.. which I know is a big no-no
Somewhere, there must be this very popular book entitled, "Criminal Justice for the Complete Idiot".
Upon opening the book and viewing the first chapter, I have no doubt the following information is printed in large bold capital letters:
page 1, line 1, "Whenever Law enforcement speaks to a member of the public, they must first advise that person of their Miranda rights"

Line 2. "Failing to do so is always cause for dismissal of all charges"

Line 3, "This common mistake is referred to in the legal community as, "A BIG NO NO!"
_______________________________________________________________
I recall the time a friend and I ran from the police, who happened to have a K-9 available and also released him to chase us down.

As were running as fast as we possibly can, my friend shouts, "Hey, why are we running, we can't beat a dog?"

I can still see the look on his face when I replied, "I'm don't plan on outrunning the dog, I'm only plan on outrunning you!

One of the few times it pays off to hang out with fat kids!
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