General Discussion
Related: Editorials & Other Articles, Issue Forums, Alliance Forums, Region ForumsClarifiction 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.
tblue37
(65,227 posts)DURHAM D
(32,606 posts)sweetloukillbot
(10,972 posts)WhiskeyGrinder
(22,307 posts)sarisataka
(18,483 posts)They are synonymous
The Velveteen Ocelot
(115,587 posts)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)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)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)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)who is the Judge doing the Arraignment ? Bail or no Bail?
The Velveteen Ocelot
(115,587 posts)The case hasn't turned up in MNCIS yet.
Wellstone ruled
(34,661 posts)The Velveteen Ocelot
(115,587 posts)to update itself. Might be worth keeping an eye on, though, as this develops. http://pa.courts.state.mn.us/default.aspx
Wellstone ruled
(34,661 posts)autopsy report,underlying Heart issues. Friggin bastard will walk with Tom Kelly running this defense.
The Velveteen Ocelot
(115,587 posts)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)Hennipen County Judicial System from my experience leaves a ton of questions.