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Originally posted by hawkiye
reply to post by flyswatter
I'm not going to sit here and attempt to disagree with your opinion or anything like that, but this:
"You simply have no clue what you are talking about. If you are being forcefully detained against your will that is an arrest no matter what spin you put on it."
You are absolutely incorrect on this, sir. He is correct in saying that you can be detained for a period of time, including transport in handcuffs, without being arrested. Being detained involuntarily for a period (I wont place a time frame on it because I dont have 100% certainty what the lawful amount of time is) does not mean you've been arrested. If its not an arrest, it's not going to go on your record as such. I dont really know how much simpler it can be put for you.
You have no clue what your talking about. Detainment against your will is arrest. People are so damn ignorant. It doesn't matter what your corporate legislative policy statute calls it that is still being under arrest.
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Definition of arrest: Blacks Law De Lux 4th pg 140
"To deprive a person of his liberty by legal authority. Taking, under real OR ASSUMED authority, custody of another for the purpose of holding or DETAINING him to answer a criminal charge or civil demand. Physical seizure of person by arresting officer or submission to officers authority and control is necessary to constitute an arrest.
It is the taking , seizing or detaining the person of another, touching or putting hands upon him in the execution of process, or any act indicating an intention of arrest."
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Tell me what part of any of the above does not apply to Mr Raub?
And by the way most if not all the states have statutes that you cannot hold anyone more the 72 hours without charging him with a crime or declaring him mentally incompetent.
Why do they not tell us under what authority or statute he is being held without charge etc? This is complete BS and those defending it will be in for a rude awakening as this becomes more openly prevalent. I say more openly because they have been doing this for decades just not so openly and blatant.
An arrest is an arrest no matter what BS the legislature tries to pass justifying it including the 72 hour BS. If you are in custody against your will you are under arrest period!!!
edit on 22-8-2012 by hawkiye because: (no reason given)
reply to post by MikeNice81
I've dealt with people that have had this happen to them on many occasions. I can honestly say that 60% were truly mentally unhinged, 35% of them were under the influence of strong drugs. The rest were suicidal or homicidal because of life circumstances and would see great improvement if certain people left their life. Not once have I met one of these people and said to myself, "they really screwed up this time." From personal experience I would say we wait this one out.
And the law also provides for detention without an arrest being made. You choose to pay attention to one part of the law, but not another? We're at an impasse here.
Originally posted by hawkiye
reply to post by flyswatter
And the law also provides for detention without an arrest being made. You choose to pay attention to one part of the law, but not another? We're at an impasse here.
No it does not there is no such law. Corporate statutes are not law they are corporate policy. I doubt youd understand that but then that is the problem in this country the majority of the people have no clue how their once free land has been subverted by the attorney/politician class. I just gave you the legal definition of arrest, detention is arrest period even in their won definition. Just because some statute says detention is not necessarily an arrest does not make it so, Anytime someone is detained against their will they have been arrested.
Are you a cop or something? You seem to think you know something about law but you are really clueless just like cops and most people are....
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definition of detain Blacks Law 4th pg 535
To retain as the possession of personality. To ARREST, to check, to delay, to hinder, to hold, or keep in custody, to retard, to restrain from proceeding, to stay, to stop.
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They are synonymous!
edit on 22-8-2012 by hawkiye because: (no reason given)
Originally posted by hawkiye
reply to post by flyswatter
You simply don't get it like most and you won't till it happens to you, and maybe not even then. Let me clarify it for you. I am completely aware that they detain people and claim they are not under arrest. However according to the definitions in their own law dictionaries they are completely full of BS!
The sad part is simple minded folk allow themselves to be brainwashed into thinking there is a difference between being detained and under arrest. The frustrating part is a child could understand there is no difference except some semantics BS written into some statute.
What part of "your liberty has been denied you" do you not understand?... Anyway I give up the majority think like you which is why we have these problems in the first place and they continue to get worse...
Originally posted by jtap66
What? You mean Kenyan Socialist Illuminati members from nibiru didn't teleport him to a scret base on Jupiter and sacrifice him to their owl god to appease the Zionists?
Man, my whole world has been turned upside down.
But really, if you're putting yourself in a position to be arrested (cop definition, not yours), you're doing something wrong.
Originally posted by deadeyedick
reply to post by flyswatter
But really, if you're putting yourself in a position to be arrested (cop definition, not yours), you're doing something wrong.
Innocent until proven guilty.
Ever heard of that?
Originally posted by hawkiye
reply to post by flyswatter
You simply don't get it like most and you won't till it happens to you, and maybe not even then. Let me clarify it for you. I am completely aware that they detain people and claim they are not under arrest. However according to the definitions in their own law dictionaries they are completely full of BS!
The sad part is simple minded folk allow themselves to be brainwashed into thinking there is a difference between being detained and under arrest. The frustrating part is a child could understand there is no difference except some semantics BS written into some statute.
What part of "your liberty has been denied you" do you not understand?... Anyway I give up the majority think like you which is why we have these problems in the first place and they continue to get worse...
United States v. Meza-Corrales (9th Cir. 1999) 183 F.3rd 1116; "(W)e allow intrusive and aggressive police conduct (handcuffing, in this case) without deeming it an arrest in those circumstances when it is a reasonable response to legitimate safety concerns on the part of the investigating officers."
Non-consensual transportation necessary to continue the detention out of the presence of a gathering, hostile crowd, held to be lawful under the circumstances. (People v. Courtney (1970) 11 Cal.App.3rd 1185, 1191-1192.)
Originally posted by SpaceCadet69
reply to post by longlostbrother
" After reading the posts they decide, maybe he's just talking crap, maybe he's a threat, we don't know, but hey we're cops, let's go see. " yeah , like ya do
" They show up at his house, and he refuses to be rational with them, a crowd gathers. " - for the record , he`s not legally obliged to be rational with them , and what do they expect ? you dont just knock on doors accusing people of being crazy.
" The cops then decide that, the only way they'll get answers is to take him somewhere, a third location, and ask him questions. He refuses to go. Legally they can handcuff him and take him for questioning. " - for serious ? .... under what law ?
Originally posted by sean
So anyone that questions their governments motives is now a lunatic or a terrorist and can be whisked away and held for questioning to determine if they are crazy or are a threat. In that case I call upon the police to investigate everyone in the White House and House of Representatives. I am certain there is some crooks and loonies in there.edit on 23-8-2012 by sean because: (no reason given)