Question on the legality of arrest?

Question

Last night I was out on a date with what I was hoping was my soon to be girlfriend. We went to a playground and had swung around on the swings etc, just having a good time. It was getting dark out so I walked her to her car and was saying good bye when a police officer pulled into the parking lot, and pulled up next to us. The officer asked us if we had seen a group of 10 or so cars go by the school earlier, because someone had filed a complaint against them. We said "yes" because we had seen a group of cars drive past about 10 minutes before, and were sure that the police were talking about the same cars. The officer thanked us for our time, then got back into her car, but didnt leave. A few minutes later, she came back out of her car and ordered me to put turn around and put my hands on the car because I was under arrest. Apparently 2 years ago when i was 17, I was caught shoplifting and even though i paid the guy, he still pressed charges against me.
Is that arrest legal?

Answer 1

You can be arrested at any time if the arresting officer reasonably believes you may have committed a crime (includine shoplifting two years ago). The question is how long you can remain incarcerated. You need to be indicted by a grand jury within 72 hours, or you must be freed.

Answer 2

Firstly this is NOT a legal arrest, for many reasons...number 1, the cops original reason to coming over to you was to ask you a question, when she went back to her car and told you you were under arrest, she basically rubbed two stones together and sparked up a reason to arrest you, this under the Frye rule is against the law, because she didn't have probable cause to arrest you, there was no evidence that you were involved in that particular incident (with the 10 cars), secondly, she violated your rights, under the 4th Amendment "search and seizure," under this amendment she wasn't supposed to arrest you without having probable cause to do so!

Now...if you're a felon, then it's legal for the cop to arrest you...basically, the government takes away all of a felons rights, so...

Answer 3

Yes, merely paying the store owner for what you stole does not take away the fact that you stole and you can still have a criminal charge. It is obvous that he pressed charges.

I am not sure why you were not picked up and arrested earlier on a warrant but a warrant was in place for your arrest on that charge.

So after they ran your id, they found out you were wanted and arrested you.

Answer 4

You still commited the offense. He can press charges on you even if you if you paid him for the goods after you stole them. You still stole it no matter if you paid for it later. The officer arrested you on a warrant by the way.

Answer 5

sure, the police are allowed to run plates with out any particular reason. Your plate determination is public information, as is any list or stunning warrants. You did not clarify what became taking position, yet from what you probably did placed up some thing had occurred and the police were accumulating ideas. area of it is commonly operating the tags on each and every motorized vehicle contained in the section and is area of popular police technique.

Answer 6

Yes the arrest is legal you had a warrant. Do you have a receipt from the store or person you paid? If not try to talk to them and see if they will write you a letter or come to court with you.

Good luck

Answer 7

Yes. It sounds like you had a warrant for your arrest. The officer was just doing her job.

Answer 8

There was a warrent out for your arrest. If you paid the shop owner, you should have had him give you documentation that you paid and that he would not press charges. Everything was illegal.

Answer 9

Of course it's legal! You have an outstanding warrant! The circumstances don't matter.

Answer 10

YES!!! Take care of business.