Why shouldn't you run away from the cops when falsely accused?

Cor Azer · Mar 11, 2012

No, not free (well, most aren't)

But if I do something stupid because I didn't spend that money, then I'll be 'not free' in a different sense.

Jhaelen · Mar 11, 2012

Janx said:
If a person is being arrested (not just questioned) under a false cause, there has been a breakdown in the system.

I think you're exaggerating. Errors happen all the time but fortunately it is usually easy to sort them out. E.g. I know that in my town (about 10k people) there's another person with an identical first & last name. I learned about him because I once received a reminder that was meant for him.

It's true that I actually had the 'detain and question' scenario in mind, though, not an actual arrest. I'm not sure it changes much, except I'd be very curious what would warrant an arrest.

Janx said:
We hear the phrase "let me talk to my lawyer", but the reality, most of us don't have a lawyer's name or number on the tip of our tongues or in our contact list.

I suppose that also varies a lot depending on which country you live in. Here in Germany almost everyone has a 'defense insurance' to cover the costs of a lawyer and court fees. Apparently, according to the comments on www.leo.org (my favorite dictionary), this concept doesn't even exist in the US. Colour me surprised!

I definitely always carry my lawyer's business card around with me, even though I only required his services twice, so far.

Kzach · Mar 11, 2012

Jhaelen said:
It's true that I actually had the 'detain and question' scenario in mind, though, not an actual arrest. I'm not sure it changes much, except I'd be very curious what would warrant an arrest.

I don't know about other countries but 'detain and question' constitutes arrest here in Australia. In fact, arrest can be any situation in which a person FEELS as if they are prevented from leaving an area. Just blocking an exit and standing in the way of someone leaving a building can constitute arrest.

Furthermore, ANYONE can do it. Which is why we have a very sticky situation with bag-checking in Australia (Victoria) when leaving a business. Only the police have the right to stop someone and search their person or property without a warrant. Anyone else who stops someone without either a warrant, police command or 'finds committing' (you've witnessed them committing an indictable offence) and/or tries to search another person's property or person, is committing false arrest which carries some seriously nasty penalties.

In addition, if a citizen (ie. not a police officer) witnesses you shoplifting (ie. putting something in your bag and walking out of the store with it) but loses sight of that person for even the slightest instant, they have then lost 'finds committing' and can't legally arrest the offender.

In essence, this allows anyone to just steal whatever they like and walk straight out of a store with it because unless the loss prevention officers or someone else has witnessed the person concealing the item and walking out with it, without ever losing sight of them from the moment of concealment to the point of exit, you can't legally stop or search them; in fact, even if you stop them, if the person says no to a search, you can't search them at all for whatever reason. And if anyone does try, the thief can charge the person with false arrest and illegal search.

Elf Witch · Mar 12, 2012

Janx said:
In recent cop shows I've seen (ex. Castle), it's been pointed out within the show that generally, the person who asks for a lawyer is the guilty one.

So remaining silent or asking for a lawyer falls into the realm of running away. It makes you look guilty, despite actually being innocent.

The logic of "only a guilty person has something to hide" prevails behind this attitude, and as a result standing for your rights only makes you look more guilty.

One possible ridiculous solution to this is to implement an eye for an eye policy. Cops have the right to search, detain, etc. But if they are wrong, then their house gets ransacked, they get strip searched, bubba'd, anything that happened to you during the course of being investigated/detained as an
innocent.

If searching wasn't "free" cops would better guage their need to do it.

Of course, then bad cops would simply come prepared with some plantable evidence for just in case times they search and find nothing.

I love Castle and other cops shows but I often find myself yelling at the TV telling the bad guys to shut up and demand a lawyer.

Here is a cool video on the subject. [ame=http://www.youtube.com/watch?v=i8z7NC5sgik]Don't Talk to Cops, Part 1 - YouTube[/ame]

And now the sequel [ame=http://www.youtube.com/watch?v=08fZQWjDVKE&feature=related]Don't Talk to Cops, Part 2 - YouTube[/ame]

Why shouldn't you run away from the cops when falsely accused?

Cor Azer

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Jhaelen

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Kzach

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Elf Witch

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