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(18,600 posts)Former officer Derek Chauvin has been taken into custody by the Minnesota Bureau of Criminal Apprehension.
roamer65
(36,745 posts)The Magistrate
(95,244 posts)Raine
(30,540 posts)captain queeg
(10,170 posts)I doubt hell be in the general population at the jail.
dware
(12,363 posts)not to protect him, although, he will be in protective custody to prevent his being injured or killed by other prisoners.
rzemanfl
(29,556 posts)You John Sandford fans will understand when I say they should have sent that fuckin' Flowers.
Liberal In Texas
(13,546 posts)And they shouldn't take too much time arresting them. Like do it today.
Jersey Devil
(9,874 posts)If you are stopped and asked for ID by a cop you are "in custody" but not necessarily arrested. I am curious why authorities are not saying "arrested" if that is the case.
The Velveteen Ocelot
(115,673 posts)If you are stopped and asked for an ID you are not "in custody" unless you are unable to leave - either because you have been told you are under arrest or you have been physically restrained. If Chauvin is in custody it means he's been arrested, has been read his Miranda rights and is being held somewhere.
Jersey Devil
(9,874 posts)I see now that it has been clarified that an arrest was made, but anytime someone is asked for ID or pulled over it is implied that you are not free to leave and are in custody.
The Velveteen Ocelot
(115,673 posts)You are not in custody. If you leave it might make the cops suspicious, but absent other circumstances (an investigation or probable cause to believe you committed a crime) they have no right to detain you just because you refuse to produce an ID.
Jersey Devil
(9,874 posts)the courts have held in many cases that just stopping someone triggers their rights the same as if they were in custody officially, such as Miranda warning, etc. It is a fine distinction.
The Velveteen Ocelot
(115,673 posts)whether a reasonable person under the circumstances would believe that he or she was in police custody of the degree associated with formal arrest. State v. Champion, 533 N.W.2d 40 (Minn. 1995). The totality of the circumstances must be considered in determining whether there was a formal arrest or restraints comparable to a formal arrest. State v. Rosse, 478 N.W.2d 482 (Minn. 1991).