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Chauvin has been arrested - per CNN (Original Post) The Velveteen Ocelot May 2020 OP
Local news confirms it sarisataka May 2020 #1
3 more to go. roamer65 May 2020 #2
Excellent News, Ma'am The Magistrate May 2020 #3
Good, it's about time! nt Raine May 2020 #4
Probably as much to protect him as anything else captain queeg May 2020 #5
He was taken into custody pending charges, dware May 2020 #7
About time. rzemanfl May 2020 #6
1 down 3 to go. Liberal In Texas May 2020 #8
No, the phrase used is "in custody", which does not necessarily include arrest Jersey Devil May 2020 #9
That's not correct. He was, in fact, arrested. The Velveteen Ocelot May 2020 #10
Not to nitpick but custodial interference of any kind is "custody" Jersey Devil May 2020 #11
If you are just asked for an ID you are legally free to leave. The Velveteen Ocelot May 2020 #12
Yes, in fact you are free to leave but Jersey Devil May 2020 #13
Under Minnesota law, which applies here, the test for custody is The Velveteen Ocelot May 2020 #14

sarisataka

(18,600 posts)
1. Local news confirms it
Fri May 29, 2020, 01:30 PM
May 2020
https://kstp.com/news/arresting-officer-derek-chauvin-taken-into-custody-by-bca-george-floyd-case/5743589/?cat=1

Department of Public Safety Commissioner John Harrington announced the arresting officer in the George Floyd case has been taken into custody.

Former officer Derek Chauvin has been taken into custody by the Minnesota Bureau of Criminal Apprehension.

dware

(12,363 posts)
7. He was taken into custody pending charges,
Fri May 29, 2020, 02:07 PM
May 2020

not to protect him, although, he will be in protective custody to prevent his being injured or killed by other prisoners.

Jersey Devil

(9,874 posts)
9. No, the phrase used is "in custody", which does not necessarily include arrest
Fri May 29, 2020, 02:10 PM
May 2020

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)
10. That's not correct. He was, in fact, arrested.
Fri May 29, 2020, 02:16 PM
May 2020
https://bringmethenews.com/minnesota-news/former-officer-derek-chauvin-arrested-for-death-of-george-floyd
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)
11. Not to nitpick but custodial interference of any kind is "custody"
Fri May 29, 2020, 02:20 PM
May 2020

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)
12. If you are just asked for an ID you are legally free to leave.
Fri May 29, 2020, 02:23 PM
May 2020

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)
13. Yes, in fact you are free to leave but
Fri May 29, 2020, 02:26 PM
May 2020

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)
14. Under Minnesota law, which applies here, the test for custody is
Fri May 29, 2020, 02:42 PM
May 2020

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).

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