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TeamsterDem

(1,173 posts)
32. Speaking of conjecture, being questioned is most certainly NOT the same as being arrested
Wed Mar 28, 2012, 03:30 AM
Mar 2012

in any jurisdiction. Being detained or interviewed is just that, otherwise they'd be called something else. In fact, the only way an interview/detainment for questioning is ever viewed as anything similar to an arrest is on a job application for police officer or with the FBI. Courts, however, do not view being detained for questioning as having been arrested, as the latter requires more of a burden to demonstrate guilt than does the former.

A good example of that happened just the other day in my neighborhood. Unbeknownst to most of us one neighbor has a monkey as a pet, and the monkey managed to escape from his containment and go sailing through the neighborhood trees which, at night, caused several neighbors to call the police complaining of a prowler. When they arrived they noticed one neighbor meandering down the sidewalk and they stopped, detained him, cuffed him, and questioned him. But when they discovered that he lived there, and in fact the reason he was meandering was because he'd tripped, fallen, and hit his head on an item in his own garage (after which he became disoriented) - that and nearly at that same time another officer spotted the monkey tarzaning his way through the trees. So the neighbor was uncuffed and received medical treatment. I ask you: Was he arrested? I'd suggest to you that he was detained, and that detainment and arrest are two very different animals.

During questioning one has the right to end the interview. During an arrest one does not have the right to terminate it. See the difference?

This is the report of what Zimmerman told police: http://articles.orlandosentinel.com/2012-03-26/news/os-trayvon-martin-zimmerman-account-20120326_1_miami-schools-punch-unarmed-black-teenager

You can give the Sanford PD all the credit you like. But understand that yours is not a widely-shared opinion, nor does it seem to go along with what's already been admitted by the shooter himself with respect to what creates a self-defense scenario. Since Zimmerman's own attorney says "stand your ground" doesn't apply, one must ask just what a police department or DA could possibly see in a situation like this one which in any way absolves Zimmerman. Nothing absolves him, frankly, under any law I've ever seen. He armed himself, usurped the role of police officer, and pursued a civilian both in a vehicle and on foot, all actions which would certainly tend to show aggressiveness and a reasonable fear of maliciousness on the part of Martin. I don't know anyone who doesn't become fearful and defensive when they're being pursued by anyone other than a uniformed police officer, so it was Martin, not Zimmerman, who had a reasonable right to self-defense. Zimmerman caused the entire situation to occur, and shot an unarmed kid in the process. Even if Trayvon had assaulted him, Zimmerman had pursued Trayvon for some time that night, so a reasonable person would have indeed inferred a threat - not to mention that Zimmerman outweighed him by over 100 lbs.

Those are not assertions, they're the facts of the case. No one disputes any part of what I just said - except the part where I use the term "if," as in "even if Trayvon had assaulted him" to wit is the only disputed part of the story. The rest is all a matter of witness statements and that of Zimmerman himself.

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Hard to get the death penalty when you haven't even been arrested. Rex Mar 2012 #1
I'm expecting him to get arrested Enrique Mar 2012 #3
I have to admit, I am starting to wonder. Rex Mar 2012 #4
I was just about to google her. grasswire Mar 2012 #27
"too much focus on Zimmerman"??? zbdent Mar 2012 #2
I think the poster's point is this: A hate crime was commmitted. The police let the man walk free!!! robinlynne Mar 2012 #8
Agreed. The Sanford PD are the repeat offenders here. n/t EFerrari Mar 2012 #5
The Sanford police cover-up is almost as bad as the crime. Democrats_win Mar 2012 #6
Come now, the police don't cover things up ... (sarcasm) zbdent Mar 2012 #36
The coverup is WORSE than the crime. Which points to a solution... saras Mar 2012 #7
not only that, but I'm willing to bet Blue_Tires Mar 2012 #10
Chief Bill Lee didn't really step down TacoD Mar 2012 #9
Actually the decision not to arrest him was made by the State Attorney ProgressiveProfessor Mar 2012 #11
No. There was a corpse. Until the facts are sorted out EFerrari Mar 2012 #12
So anyone who kills someone in self defense goes to jail until they are cleared? ProgressiveProfessor Mar 2012 #13
Agreed. Lilyeye Mar 2012 #14
The mere fact that he wasn't arrested is exactly the point to me TeamsterDem Mar 2012 #15
Have you read the published police report? ProgressiveProfessor Mar 2012 #16
Good point, but he was still not charged TeamsterDem Mar 2012 #17
The original DA and now the new one are going the Grand Jury route ProgressiveProfessor Mar 2012 #18
uh huh, and what does that mean? TeamsterDem Mar 2012 #19
It means that two different state attorneys are/were unwilling to order Zimmerman's arrest ProgressiveProfessor Mar 2012 #20
I want no one's head on a stick TeamsterDem Mar 2012 #21
"All Accounts" at this point appear to be conjecture at best ProgressiveProfessor Mar 2012 #23
Calling for a criminal to be charged in court is not seeking a head on a stick TeamsterDem Mar 2012 #28
No but slagging others is ProgressiveProfessor Mar 2012 #31
Speaking of conjecture, being questioned is most certainly NOT the same as being arrested TeamsterDem Mar 2012 #32
Depends on the perspective ProgressiveProfessor Mar 2012 #33
Guy, the link between questioning and arrests doesn't exist no matter how hard you strain TeamsterDem Mar 2012 #34
I think the original DA Blue_Roses Mar 2012 #22
Posted here ProgressiveProfessor Mar 2012 #24
I disagree Blue_Roses Mar 2012 #25
Then we will have to agree to disagree ProgressiveProfessor Mar 2012 #26
That may be true, but as high-profile as this Blue_Roses Mar 2012 #30
It is not up to the prosecutor to find the truth. grasswire Mar 2012 #29
Not enough focus on any real "law" enforcement anywhere just1voice Mar 2012 #35
I absolutely agree gvstn Mar 2012 #37
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