<BLOCKQUOTE><font size="1" face="Verdana, Arial">quote:</font><HR>Originally posted by Alvin Barlow:
What is the Federal law as far as detaining people? Do you have to be charged with something for them to put you in jail or can they just come and take you away without stating a reason? Just would like to know, thank you..<HR></BLOCKQUOTE>
My response:
Your questions are easy to ask, but very difficult to answer. We don't know what State you're talking about (Federal Law follows that State's laws) or whether you're talking about an immediate detention and arrest, e.g., a crime committed in the presence of Federal Law Enforcement, etc.
As you can imagine, answering your questions can be quite convoluted because there so many different scenarios that would trigger different rules - - far too many for this site. Once you are arrested, however, you must be "Mirandized" and informed of the charge.
FEDERAL RULES OF CRIMINAL PROCEDURE
II. PRELIMINARY PROCEEDINGS
Rule 4. Arrest Warrant or Summons Upon Complaint.
(a) Issuance. If it appears from the complaint, or from an affidavit or affidavits filed with the complaint, that there is probable cause to believe that an offense has been committed and that the defendant has committed it, a warrant for the arrest of the defendant shall issue to any officer authorized by law to execute it. Upon the request of the attorney for the government a summons instead of a warrant shall issue. More than one warrant or summons may issue on the same complaint. If a defendant fails to appear in response to the summons, a warrant shall issue.
(b) Probable cause. The finding of probable cause may be based upon hearsay evidence in whole or in part.
(c) Form.
(1) Warrant. The warrant shall be signed by the magistrate judge and shall contain the name of the defendant or, if the defendant's name is unknown, any name or description by which the defendant can be identified with reasonable certainty. It shall describe the offense charged in the complaint. It shall command that the defendant be arrested and brought before the nearest available magistrate judge.
(2) Summons. The summons shall be in the same form as the warrant except that it shall summon the defendant to appear before a magistrate at a stated time and place.
(d) Execution or service; and return.
(1) By whom. The warrant shall be executed by a marshal or by some other officer authorized by law. The summons may be served by any person authorized to serve a summons in a civil action.
(2) Territorial limits. The warrant may be executed or the summons may be served at any place within the jurisdiction of the United States.
(3) Manner. The warrant shall be executed by the arrest of the defendant. The officer need not have the warrant at the time of the arrest but upon request shall show the warrant to the defendant as soon as possible. If the officer does not have the warrant at the time of the arrest, the officer shall then inform the defendant of the offense charged and of the fact that a warrant has been issued. The summons shall be served upon a defendant by delivering a copy to the defendant personally, or by leaving it at the defendant's dwelling house or usual place of abode with some person of suitable age and discretion then residing therein and by mailing a copy of the summons to the defendant's last known address.
(4) Return. The officer executing a warrant shall make return thereof to the magistrate judge or other officer before whom the defendant is brought pursuant to Rule 5. At the request of the attorney for the government any unexecuted warrant shall be returned to and canceled by the magistrate judge by whom it was issued. On or before the return day the person to whom a summons was delivered for service shall make return thereof to the magistrate judge before whom the summons is returnable. At the request of the attorney for the government made at any time while the complaint is pending, a warrant returned unexecuted and not canceled or a summons returned unserved or a duplicate thereof may be delivered by the magistrate judge to the marshal or other authorized person for execution or service.
[Amended July 1, 1966; Oct. 1, 1972; July 31, 1975, P. L. 94-64, §§ 2, 3(l)-(3), 89 Stat. 370; Dec. 1, 1975; Aug. 1, 1987; Dec. 1, 1993.]
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