you are under arrest... oh wait, never mind..

[GonnaCatchABig1]

here's a fun one... you can be placed under arrest for a non arrestable offense, then treated as a criminal, then let go, and the arrest never happened...


http://jonathanturley.org/2013/07/19...st/#more-67266

[Swimmer]

Originally Posted by GonnaCatchABig1

here's a fun one... you can be placed under arrest for a non arrestable offense, then treated as a criminal, then let go, and the arrest never happened...
V

http://jonathanturley.org/2013/07/19...st/#more-67266

So do you think that jaywalking arrest are of epidemic proportions?
Or this was just one untrained idiot who shouldn't be a cop. Multnomah County has received more federal grant money in the last three decades than probably any other municipality in the entire country. I know I studied many, many of thier experiments, and they are generally considered to be well-trained. It would be interesting to read court transcripts of both sides of the story.
Posted from my iPhone/Mobile device

[GonnaCatchABig1]

I think it's one moron... the part that disturbs me is...

"Deputy City Attorney William Manlove insists that when Miller briefly jaywalked one morning while trying to catch a bus, he could be detained and handcuffed but not treated as an arrested person despite the express statement of the officer. It is an argument that would allow officers virtually unchecked authority in handcuffing citizens and holding them. It is the perfect authoritarian loophole and the city Portland wants to help establish it for future cases."

the making of excuses and lack of accountability for the officer is what bothers me. if one district sets the precedent that it is ok to do that, won't be much longer before others start using it as an excuse to detain people who are not under arrest.

[FishermanTim]

On the flip side, we citizens can now admit to a crime, ANY CRIME, and then claim that it didn't constitute a confession under these same lame-arse, idiotic, moronic, morally bankrupt rules of LAW.

Thank God I don't have any plans of living in, or even visiting that state, or I might be "arrested" for being an intelligent imbecil!!!

[Swimmer]

An officer while questioning someone, for his own safety, can handcuff the person and sit them down (and they are not under arrest) for up twenty minutes. They cannot say your under arrest and then tell them they are not. One they say the magic three words they own the. On the other hand if the dope says that to an individual, "your under arrest" and then realizes he/she made a mistake, such as realizing that what they arrested someone for wasn't an arrestable offence, they are certainly required to uncuffed the person and let them go. If jaywalking is for some insane reason an arrestable offence in that area, the officer might be O.K. He might have decided to cut the person a break and let him go. That also shows idiocies that need to be checked.