Question for LEOs
#6781203
02/24/20 04:18 AM
02/24/20 04:18 AM
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Joined: Dec 2006
Posts: 17,379 Coeur d' Alene, Idaho
James
OP
"Minka"
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OP
"Minka"
Joined: Dec 2006
Posts: 17,379
Coeur d' Alene, Idaho
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How long can you detain someone, without an arrest, pending an investigation of a serious crime?
Suppose a murder has just been committed, and you're afraid the suspect may flee the jurisdiction. But you don't have enough evidence or time for an arrest warrant. How long can you hold them?
Thanks for your time.
Jim
Forum Infidel since 2001
"And that troll bs is something triggered snowflakes say when they dont like what someone posts." - Boco
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Re: Question for LEOs
[Re: James]
#6781212
02/24/20 06:05 AM
02/24/20 06:05 AM
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Joined: Dec 2006
Posts: 17,379 Coeur d' Alene, Idaho
James
OP
"Minka"
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OP
"Minka"
Joined: Dec 2006
Posts: 17,379
Coeur d' Alene, Idaho
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I ain't a lawyer anymore, and never did go near a criminal law issue, after the Bar exam.
And the rules may be different in different states.
Jim
Forum Infidel since 2001
"And that troll bs is something triggered snowflakes say when they dont like what someone posts." - Boco
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Re: Question for LEOs
[Re: James]
#6781231
02/24/20 07:22 AM
02/24/20 07:22 AM
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Joined: Apr 2009
Posts: 12,676 South Ga - Almost Florida
Swamp Wolf
trapper
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trapper
Joined: Apr 2009
Posts: 12,676
South Ga - Almost Florida
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The investigative detention/Terry stop time varies based on the circumstances of the incident and the actions of the person being detained. Every encounter is different. There is no set time.
Thank God For Your Blessings! Never Half-Arse Anything!
Resource Protection Service
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Re: Question for LEOs
[Re: James]
#6781235
02/24/20 07:32 AM
02/24/20 07:32 AM
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Joined: Dec 2006
Posts: 17,379 Coeur d' Alene, Idaho
James
OP
"Minka"
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OP
"Minka"
Joined: Dec 2006
Posts: 17,379
Coeur d' Alene, Idaho
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Thanks, Swamp Wolf. Terry, as a US Supreme Court case, rings a bell.
Could a murder suspect be detained as long as two to three days, without an arrest warrant?
Jim
Forum Infidel since 2001
"And that troll bs is something triggered snowflakes say when they dont like what someone posts." - Boco
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Re: Question for LEOs
[Re: James]
#6781242
02/24/20 07:49 AM
02/24/20 07:49 AM
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Joined: Nov 2019
Posts: 464 N.W. Pennsylvania
JTaddeo
trapper
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trapper
Joined: Nov 2019
Posts: 464
N.W. Pennsylvania
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It's not me......I'm checking on things for someone I know
Keep your boots dry and your powder too.
I remember when a fur check was reality.....now I'm just trapping for the love of it.
Best Regards,
JT
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Re: Question for LEOs
[Re: James]
#6781254
02/24/20 08:12 AM
02/24/20 08:12 AM
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Joined: Oct 2018
Posts: 5,570 Dunbar, Wisconsin
Pike River
trapper
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trapper
Joined: Oct 2018
Posts: 5,570
Dunbar, Wisconsin
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Thanks, Swamp Wolf. Terry, as a US Supreme Court case, rings a bell.
Could a murder suspect be detained as long as two to three days, without an arrest warrant?
Jim If I'm not mistaken Terry stop is just that- a stop. You're being detained but not taken into custody. What typical happens is that the suspect will be arrested on lesser charges in order to remove them from the community while the investigation is ongoing until they have enough evidence that the DA wants to charge.
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Re: Question for LEOs
[Re: Andrew Eastwood]
#6781288
02/24/20 09:01 AM
02/24/20 09:01 AM
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Joined: Oct 2018
Posts: 5,570 Dunbar, Wisconsin
Pike River
trapper
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trapper
Joined: Oct 2018
Posts: 5,570
Dunbar, Wisconsin
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What typical happens is that the suspect will be arrested on lesser charges in order to remove them from the community while the investigation is ongoing until they have enough evidence that the DA wants to charge. So someone could be arrested for say illegally crossing the boarder (we all know that is a minor infraction), and held while real crimes are looked into? Yup. That example is used all the time.
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Re: Question for LEOs
[Re: 330-Trapper]
#6781390
02/24/20 10:12 AM
02/24/20 10:12 AM
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Joined: Feb 2007
Posts: 5,474 New York border
Cragar
trapper
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trapper
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New York border
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Asking for a friend Thats what they all say Until they start asking for bail money......lol
NRA benefactor member
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Re: Question for LEOs
[Re: James]
#6781429
02/24/20 10:49 AM
02/24/20 10:49 AM
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Joined: Dec 2006
Posts: 1,240 NW Missouri
bob56
trapper
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trapper
Joined: Dec 2006
Posts: 1,240
NW Missouri
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It depends on what state your asking about. Missouri has a 24 hour investigation. Person can be held for 24 hours and at the end of that, either charged or released pending. The state still can come back and charge within a year on a misdemeanor or 3 years on a felony. Not sure how Alaska is set up.
“A government big enough to give you everything you want, is strong enough to take everything you have.” - Thomas Jefferson
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Re: Question for LEOs
[Re: Swamp Wolf]
#6781522
02/24/20 12:45 PM
02/24/20 12:45 PM
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Joined: Dec 2006
Posts: 1,240 NW Missouri
bob56
trapper
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trapper
Joined: Dec 2006
Posts: 1,240
NW Missouri
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His second question was
"Could a murder suspect be detained as long as two to three days, without an arrest warrant?"
Not in Missouri,
“A government big enough to give you everything you want, is strong enough to take everything you have.” - Thomas Jefferson
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Re: Question for LEOs
[Re: James]
#6781539
02/24/20 01:01 PM
02/24/20 01:01 PM
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Joined: Apr 2009
Posts: 12,676 South Ga - Almost Florida
Swamp Wolf
trapper
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trapper
Joined: Apr 2009
Posts: 12,676
South Ga - Almost Florida
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In Ga, investigative detention length of time (but not arrested) is determined by the circumstances and can vary. Common for up to 20 min or so, but can be longer based on the circumstances such as uncooperative suspect. Detaining for 2 or 3 days, without an arrest and followed by a warrant, is a no-go.
Cant just pick someone up and hold them for days for investigation purposes.
If an arrest is made for a misdemeanor, must go b4 a judge within 48 hours for bail. If felony arrest without warrant, must go b4 judge within 72 hours for bail hearing.
Thank God For Your Blessings! Never Half-Arse Anything!
Resource Protection Service
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Re: Question for LEOs
[Re: hippie]
#6781567
02/24/20 01:26 PM
02/24/20 01:26 PM
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Joined: Dec 2006
Posts: 1,240 NW Missouri
bob56
trapper
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trapper
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NW Missouri
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But, can you be arrested and held before actually being charged? Only to be released later without ever being charged.
I believe I read before where that's a common practice in some states to hold people. IE, arrest on suspicion and hold until evidence is found for or against.
in Missouri the answer is yes. The kicker is that a case has to be submitted to the county prosecutor, who has to submit the case to a county judge, who signs a warrant listing the charge and bond requirements. IF the prosecutor feels their isn't a case then he/she doesn't have to file it with the court and if it is submitted then the judge reviews it and can also send it back for what ever reason. All of this has to be done before the the 24 hours are up, there is either a warrant issued or the person walks.
Last edited by bob56; 02/24/20 01:27 PM.
“A government big enough to give you everything you want, is strong enough to take everything you have.” - Thomas Jefferson
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Re: Question for LEOs
[Re: James]
#6781572
02/24/20 01:27 PM
02/24/20 01:27 PM
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Joined: Feb 2010
Posts: 19,720 pa
hippie
trapper
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trapper
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pa
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