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Jersey Devil

(9,874 posts)
Fri May 29, 2020, 02:15 PM May 2020

Clarifiction needed from MN authorites for "in custody"- does that mean "arrested"?

Whenever your freedom of movement is restricted you are "in custody", but it does not mean necessarily that you have been arrested. Stop and frisk, demand for ID, pulled over in you car, etc. are all instances of "custody". Why did the MN authorities say "in custody" if he in fact was "arrested"?

Don't want to seem overly suspicious, but my bullshit radar is detecting something that does not smell right.

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Clarifiction needed from MN authorites for "in custody"- does that mean "arrested"? (Original Post) Jersey Devil May 2020 OP
Charged with 3rd degree murder. nt tblue37 May 2020 #1
and manslaughter with possibility of raising charge to 2nd degree. DURHAM D May 2020 #7
At the end of the press statement the spokesman said "Arrested" nt sweetloukillbot May 2020 #2
He's been arrested and charged. WhiskeyGrinder May 2020 #3
In this case sarisataka May 2020 #4
He's been arrested and charged. The Velveteen Ocelot May 2020 #5
If a cop stops you for any reason, would a reasonable person feel free to leave? Jersey Devil May 2020 #6
You are not in custody just because you've been stopped or questioned. The Velveteen Ocelot May 2020 #8
If a cop stops you for any reason - to ask questions, request ID, etc. - you are being "detained." sop May 2020 #9
Question, Wellstone ruled May 2020 #10
Haven't heard. The Velveteen Ocelot May 2020 #11
Interesting. Wellstone ruled May 2020 #12
Not really. MNCIS usually takes at least a few days The Velveteen Ocelot May 2020 #13
Noticed the Wellstone ruled May 2020 #14
Doesn't matter if he had underlying heart trouble. The Velveteen Ocelot May 2020 #15
Not going to hold out hope for any Jail time. Wellstone ruled May 2020 #16
CNN said arrested. Demsrule86 May 2020 #17

The Velveteen Ocelot

(115,587 posts)
5. He's been arrested and charged.
Fri May 29, 2020, 02:20 PM
May 2020

You are not considered to be in custody unless you are unable to leave. Normally this means that you are under arrest, with the usual notifications, or that you have been restrained pending formal arrest (Miranda warnings, etc.).

Jersey Devil

(9,874 posts)
6. If a cop stops you for any reason, would a reasonable person feel free to leave?
Fri May 29, 2020, 02:22 PM
May 2020

It does not have to be explicitly stated that you are not free to leave for a "custody" situation to arise.

The Velveteen Ocelot

(115,587 posts)
8. You are not in custody just because you've been stopped or questioned.
Fri May 29, 2020, 02:25 PM
May 2020

Most of us wouldn't run away just because a cop wants to ask questions or show your ID, but you're not legally in custody. You are not obligated to show your ID just because a cop asks for it.

sop

(10,100 posts)
9. If a cop stops you for any reason - to ask questions, request ID, etc. - you are being "detained."
Fri May 29, 2020, 02:42 PM
May 2020

Last edited Fri May 29, 2020, 03:22 PM - Edit history (1)

"Detained" is not the same as "arrested." Once you comply with the officer's request for required information (as defined by law), you are free to go, unless he decides to arrest you.

https://www.halt.org/am-i-being-detained-6-questions-you-should-ask-during-interactions-with-the-police/

 

Wellstone ruled

(34,661 posts)
14. Noticed the
Fri May 29, 2020, 04:33 PM
May 2020

autopsy report,underlying Heart issues. Friggin bastard will walk with Tom Kelly running this defense.

The Velveteen Ocelot

(115,587 posts)
15. Doesn't matter if he had underlying heart trouble.
Fri May 29, 2020, 04:36 PM
May 2020

There's a saying in the law that you take your victim as you find him. I'm sure there are plenty of expert witnesses who would testify that the heart attack was brought about by the actions of the police; that having a knee on his neck for several minutes restricted his air supply and caused enough stress to cause heart failure in a guy with his underlying cardiac problems. Chauvin won't walk. Kelly isn't that good.

 

Wellstone ruled

(34,661 posts)
16. Not going to hold out hope for any Jail time.
Fri May 29, 2020, 04:56 PM
May 2020

Hennipen County Judicial System from my experience leaves a ton of questions.

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