It looks like you're using an Ad Blocker.
Please white-list or disable AboveTopSecret.com in your ad-blocking tool.
Some features of ATS will be disabled while you continue to use an ad-blocker.
Originally posted by jazzgul
For the rest - hope you are right Nydgan - but this whole situation smells fishy to me
Police have NEVER had to inform you at the time of your arrest the reason for the arrest, in fact, they have 48 hours in which to hold you before they have to submit formal charges for your arrest, otherwise you are to be released. They do, however, have to inform you of your miranda rights. Now, as one poster erroneaously stated, you DO have the right to remain silent under the 5th Ammendement protection to not incriminate yourself.
Whereas it is a general courtesy for the police to inform you of the charges at the time of arrest, there is no law or statute that requires it. The Supreme Court's decision is simply an affirmation of the existing laws as they have been for over 200 years.
Originally posted by Nygdan
[Its definitely got a great potential for abuse, if they don't have to file immeadiately as to why a person was arrested. Say, for example, they arrest you on suspiscion of serveral things, and they only tell you its because of this pot that they found in your car, and then they bring you in and start filing their reports and list that it was the pot, plus you were acting suspiscious, and were speeding and didn't have a seat belt and certainly appeared to be intoxicated along with posession. And later, a judge decides that that pot was either not enough to warrant arrest or not obtained legally (whatever) and that that charge is thrown out. Should the guy then be able to sue for wrongful arrest? This seems to say, no, because there were other reasons for the arrest that were valid. But again, those reasons need to be formally stated and recorded if they aren't specifically told to you, or else they could just make something else up afterwards.
also to take confessions from people who they don't even have the power to arrest.
Originally posted by kozmo
they have 48 hours in which to hold you before they have to submit formal charges for your arrest, otherwise you are to be released.