Help by an police official and someone who has knowledge of legal arrest?
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Help by an police official and someone who has knowledge of legal arrest?
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A university police officer outside a lecture hall is investigating the reported theft of textbooks. You walk out after class carrying a backpack.
•The officer approaches you and asks you what’s in your backpack. Are you under arrest?
•You do not answer, but just start to walk away. The officer says in a loud, commanding manner, “Come back here.” Are you under arrest? No, you are still free to leave
•You do not come back, so the officer follows you to your car and stands between you and the driver’s door. Are you under arrest? No, not at this time
•You turn to walk away from the car, but the officer gently puts his hand on your arm and says, “I really would like you to answer my question.” Are you under arrest? No, because the police have not actually detained you with physical restraint so there is no arrest here.
•When you say nothing, the officer says, “Look, if you don’t talk to me here, I am going to take you to the station to answer questions.” Are you under arrest?
Now, I have some questions for this scenario here:
What about arrest by show of authority? When the officer says in a "commanding voice" to come back, does that raise to an arrest by show of authority? Is there anything that can make it an arrest?
Please explain this to me where I can understand the guidelines for arrest and the reason?
I would appreciate it and I know so many people here are very smart in this area and I will give points
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Apollo
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You should never be ignorant or impolite to any officer as they are only doing their job.
When he asked you what you have in your pack, you could have just said "My personal stuff", he can't inspect it without your permission or a court order.
Then ask him "Am I being detained officer?"., if he says no, then ask "Then I'm fee to go?".
If he says yes, then ask him "under what authority?"
He is not allowed to Touch you, as you can claim assault. |
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Rounder
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asking questions does not equate to arrest
you can be detained for failure to comply with legal authority in the investigation of a crime.
but you did not indicate whether the officer was an official legal authority since some campus police are the equivalent of mall security and others are actual police officers. |
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Andrew P
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You have no obligation to answer any questions nor do you have an obligation to submit to a search without probable cause. To be placed under arrest you must be specifically informed of that fact and your rights as they pertain to being places under arrest.
That said you don't have anything to lose by being respectful when you stonewall a police officer or overzealous private security guard. |
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Adult 
Gambling
Unfinished
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