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Arrest - Legal Definition -
when a person is detained by the police and NOT free to leave.
In common use people often use the word arrest to mean a person is jailed and charged with a crime. But the legal definition is merely that a person is detained by the police and not free to go. When can the police arrest or detain a person? The police have to have either "probable cause" or "reasonable suspicion" to arrest or detain a person. The police can't detain or arrest a person because the person looks suspicious and might be guilty of a crime and force the person to prove their innocence. But they often illegally do this. Probable cause - The police saw a person commit a crime. Or someone told the police the person committed a crime. In this case the person is either written a ticket and released or jailed and charged with a crime. Examples of "probable cause" A cop sees you speeding - that is "probable cause" to pull you over.Some examples of what isn't "probable cause" A cop sees you drive away from a bar. The cop thinks you may be drunk, but has not seen you commit any crimes, nor has the cop seen you behave like a drunk. The cop does NOT have "probable cause" to pull you over. While the cop may think you might be drunk, the cop has not seen any evidence that you are drunk, so he doesn't have "probable cause" to arrest you. Reasonable suspicion - A person matches the description of a person who committed a crime, but the police don't know if the person stopped is the criminal. In this case the police can stop the person and determine if the person is the suspect. An example of "reasonable suspicion" is at 1 p.m. a white guy wearing black pants, a black shirt and a black hat robbed a Circle K and drove away in a black VW. How do I know if I am under arrest? Ask the police "Am I free to go?" If the police say you are not free to go you are under arrest. Or better yet just say "I have to go, and start to leave". If the police prevent you from leaving, then you are under arrest. The police will often lie to you and say you are "not under arrest" when in fact you are "under arrest and not free to go". Can the police search you when you're arrested or detained? It is best to tell the police they don't have your permission to search you, your belongings, your car or your home. But don't try to stop them. The police can give you a pat down search of your outside clothing looking for weapons per the Supreme Court case Terry v Ohio. When you're detained by the police do you have to give them ID? If you're doing something that requires a license such as fishing or driving a car you do have to give the police your license. Other then that you are NEVER required to give the police an ID card. When you're detained by the police do you have to tell them your name? Unless you're doing something that requires a license you're NEVER required to give the police an identification card with your name on it. Prior to the Supreme Court decision of Hiibel v Nevada you were not required to tell the police your name. Hiibel v Nevada says you have to verbally tell the police ONLY your name, and only if
Arizona has such a law. The original version was a word for word copy of NRS 171.123 which was the Nevada law. Arizona's law is ARS 13-2412 ARS 13-2412. Refusing to provide truthful name when lawfully detained; classification Local laws requiring you to answer police questions? Some cities have laws which flush the Constitution down the toilet. Both Tempe and Phoenix have city laws which require you to tell the police your name and answer the questions of the police. I suspect the laws are unconstitutional, but you can still be arrested for refusing to obey them. Title 42 Section 1983 or USC 42 §1983 This is the law I use to sue the police for civil rights violations when they refuse to honor my right to take the 5th or when they illegally search me violating my 4th Amendment right. Every person who, under color of any statute, ordinance, regulation, custom, or usage, of any State or Territory or the District of Columbia, subjects, or causes to be subjected, any citizen of the United States or other person within the jurisdiction thereof to the deprivation of any rights, privileges, or immunities secured by the Constitution and laws, shall be liable to the party injured in an action at law, suit in equity, or other proper proceeding for redress, except that in any action brought against a judicial officer for an act or omission taken in such officer’s judicial capacity, injunctive relief shall not be granted unless a declaratory decree was violated or declaratory relief was unavailable. For the purposes of this section, any Act of Congress applicable exclusively to the District of Columbia shall be considered to be a statute of the District of Columbia. ASU Sunday arrest Tempe Wendy's arrest - I was stopped by the Tempe police probably because something happened at a Motel 6. I took the 5th and refused to tell them my name. They told me they would put me in jail if I didn't tell them my name. They illegally searched me and stole my wallet in an attempt to find out my name. After 45 minutes they cited a Tempe City law which required me to tell them my name. I told them it was unconstitutional and wasn't going to obey it. After about an hour they released me. With out getting my name. Tempe Canal arrest - I reported a lose dog to the police. Instead of fixing the dog problem they arrested me for about 2 hours because I refused to tell them my name. They illegally searched me. They handcuffed me and placed me in a squad car. This was after I found out David Dorn was spreading lies around that I was a government snitch, but John Wilde still helped write up the lawsuit which I used to sue Tempe for civil rights violations in Federal Court. John Wilde has died but I still use this lawsuit as a base to file new lawsuits against the police for civil rights violations. Phoenix Basha arrest - Somebody exposed themselves to one of Sheriff Joe's high ranking goons here. There were at least 12 Sheriff cop cars here because some nut showed his penis to a cop. Because I was walking by they arrested me and asked me my name. When I refused they told me it was against the law to refuse to tell them my name. When I mentioned that I was suing Tempe in Federal court over this the cops kind of turned white and didn't do anything when I jumped on a bus that was just passing by. Goldwater Institute Governor debate arrest - While I had an invitation to attend the event I was arrested and removed from the event for no reason by the DPS. I sued the DPS in Federal court on this. See this URL for more details. Tempe McDonalds's arrest - A Tempe cop told me to leave McDonalds and asked my name. I gave it to him because it was after Hiibel v Nevada. He then asked me my birth date. I refused and took the 5th. He told me I would go to jail if I didn't tell him my birth date. He dropped the issue when I told him I had filed a lawsuit in Tempe in Federal court over this. ASU Library arrest - I was arrested and removed from the ASU campus for no reason. I sued the ASU police in Federal court on this. See this URL for more details. MCC arrest - I was using the library at MCC when 2 cops arrested me. I took the Fifth when they demanded my name. They illegally searched me looking for an id card. I was released after about 2 hours. I am currently suing them in Federal court. See this URL for more details. Maricopa County Law Library arrest Sheriff Joe likes to brag how smart he is but in this case he has 5 or so real stupid cops working for him. These 5 stupid cops decide they are going to get their jollies by arresting a homeless bum who is in the law library and throw him out to keep the vermin away from the Maricopa County Court House. The only problem was the homeless bum the cops were going to arrest was a civil rights activist who routinely sues cops for civil rights violations in Federal court. And in fact the homeless bum at the time was working on a lawsuit suing 3 Mesa Community College police officers and two city of Mesa police officers. Well these 5 dumb cops got their jollies, but all 5 of them will be certainly surprised when they are served with a lawsuit suing them for false arrest and civil rights violations in Federal court for arresting the homeless bum while he was working on his lawsuit suing the other cops. I was working on my MCC lawsuit at the Maricopa County Law Library when I was arrested by about 5 Maricopa County Sheriff's officers. They removed me from the library and told me to never come back again. They did not give me a reason for my arrest and removal from the library. I have typed that lawsuit up but not filed it. I think they thought I was a homeless person and arrested me for that reason. See this URL for more details. Tempe Walgreen's arrest - A Tempe cop stopped me in Walgreen's and demanded that I give him my name and birth date. I refused. He told me I would be arrested and go to jail if I didn't comply. I told him I had sued Tempe in Federal court over this. The cop dropped the issue. I plan to sue Tempe in Federal court over this but have not type up the lawsuit yet. See this URL for more details. Web sites Most of these websites have my lawsuits in them as word documents which you can download. The lawsuits are also in HTML format so you can view them on line.
This is the word document that I handed out at the Strategic Edge meeting. legal_stuff_pat.docSomebody at the meeting asked me to convert the handout into a two sided sheet that could be handed out as a kind of "know your rights" guide. Here are the word files I created for that: |