If you are detained by the police, should you have the right to know why?

[Feanorcurufinwe]

Let's say the police come up behind you, and handcuff you. You ask why, and they tell you to 'shut up', take you into a police car and drive you away.

Did they abuse their authority? Should American citizens have the right to know why they are being taken into custody by the police?

[flaminlib]

1. Dont we already have that right?

I havent been detained but I thought we already had that right.

[Feanorcurufinwe]

2. You can be detained without being charged at the discretion of the police.

They don't have to charge you, or tell you why. At least in California, where it happened to me, if they release you within 3 hours of taking you into custody, you have no legal standing to sue for misconduct.

I think it is wrong, but that is the law, at least in California.

[flaminlib]

3. So they can hold up for a maximum of 3 hours?

Is that correct? I wonder if its just in CA or nationwide.

[Feanorcurufinwe]

7. Yes

believe me it was an eye-opening experience. I consulted with a lawyer afterwards because I wanted to sue but I was told I had no case because I was released within 3 hours.

[Media_Lies_Daily]

8. If it's the FBI or the law enforcement arm of any other Federal agency...

...they can hold you for as long as they want without charging you with anything at all. You will effectively "disappear" for as long as they want you to be gone.

Thank the Patriot Act.

[Abe Linkman]

5. You THINK it is wrong? THINK it's wrong? Police state tactics.

The mere fact you felt moved to take a poll shows how far we slipped.
Apparently, you are one of the many, many people who seem to be accepting of the gradual but steady march towards a full blown police state.

[Feanorcurufinwe]

14. So because I am publicizing this issue

I am "one of the many, many people who seem to be accepting of the gradual but steady march towards a full blown police state." ??

:wtf:


I suppose if I were silent on the topic I'd be fighting the march towards a police state. :eyes:

[stellanoir]

4. in the old days. . .

if you were not read your Mirana rites, the charges would be thrown out of court. Given Ashcroft, Gitmo, etc., nowadays who knows. . .?

[Abe Linkman]

6. How do you prove a negative?

I'ts Miranda, btw.

[rock]

11. Well, of course, you start by getting the correct answer

to the question "Do you understand these rights?" and that answer is "of course not, I'm not a lawyer!"

[stellanoir]

12. sorry. . .

dumb typo. . .I was cooking when I wrote that and slightly distracted.

[Feanorcurufinwe]

9. There were no charges, so there are no charges to be thrown

out of court.

Paradoxically, if they had arrested me, instead of 'detaining' me, I would have had more rights.

They do this to protesters all the time, take them into custody to break up the protest, and then release them later without charging them -- because no crime was committed.

[smirkymonkey]

10. Does this have anything to do with the "Karma" question?

Tell me they didn't pick you up because you said that Idiot Boy's Karma was going to get him. That's not true, is it?

Still, it's pretty f-ed up all around. Deutscheland, Deutscheland...

[Feanorcurufinwe]

13. Nope, totally unrelated.

[freetobegay]

15. In the State of Florida they can detain you for up to 72 hours

without charge. It's been like that ever since I can remember.

[soup]

16. Did they eventually tell you why

you were being held?

Or just open the door and say 'You're free to go.' with no explanation?

And, yes, I think you should have the right to know why you are being detained.

[Feanorcurufinwe]

17. Yes, after we got to the police station

they 'interrogated' me, in the course of which I learned that they thought the quartz crystals I were giving away were some kind of drug. I even saw one of them putting the stones through some kind of chemical tests. I was too angry to laugh at their stupidity, unfortunately.

I don't blame them for making a stupid mistake, anyone can do that. I blame them for telling me to shut up instead of telling me why they were taking me away. At least I wasn't beaten. (At least, not that day.)