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| Re: ROBBED BY A COP— PROPERTY DESTROYED! (424159) | |||
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Re: ROBBED BY A COP— PROPERTY DESTROYED! |
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Posted by JPC on Wed May 2 01:30:29 2007, in response to Re: ROBBED BY A COP— PROPERTY DESTROYED!, posted by Nilet on Mon Apr 30 23:43:32 2007. On second thought, asking "Am I under arrest" should be the follow-up to "Am I free to go."If you ask an officer if you're being arrested, the officer may conclude that you're doing something illegal (which is why such a concern would come to your mind). On the other hand, asking whether you're free to go is essentially asking the officer for permission to be dismissed, you having done nothing wrong. If he says you're free to go - Go. Just get away from them before they change their minds. If that request is denied, then ask if you are under arrest. If the answer to that is no, then ask why you are not free to go - they better have a pretty good answer (temporary detainment to ask you a few questions is acceptable, although once you answer their round of questions you should ask if you're free to go once again). As far as seizure of property, there are only two cases in which that occurs: (1) when the officer possesses a warrant describing the items to be seized, or (2) incident to an arrest. No arrest, no forfeiture of property. (By forfeiture, I mean involuntary - it's taken away from you against your will. Of course if a cop finds some weed on you and offers to take it away and let you off with a warning, in general you'd be a fool not to take him up on his offer, although strictly speaking you could refuse, in which case you'd be promptly arrested and the narcotics legally seized.) |
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