Have we really lost Habeas corpus? Can suspects be picked up without warrants?

Question

...
Habeas corpus - The name of a writ having for its object to bring a person before a court.
...
Writ - A judicial order directing a person to do something.

Answer 1

Before your right to Habeas Corpus can be waived, you have to be declaired an "enemy combatant of the United States of America". Bush is the only person that can make this declaration, and the only who can remove it.

so, we haven't actually "lost" it per se, but if you say something Gee Dub doesn't like, there is NOTHING in the new laws that can prevent him from labeling you such, which would entail you go away for as long as the furor wants. From your family's perspective, you'll just be "missing". They would know nothing, and would have zero recourse if they did.

Answer 2

Yes, the new law does roll back Habeas Corpus and it does not limit it to non-citizens.

Even before the new law, there were cases of American citizens denied rights to go before a judge. One of these cases has already been turned over by the Supreme Court, but who is to say if that will be the case in the future.

Answer 3

Warrants are only used when probable cause to arrest someone existed in the past, but no longer does. A warrant is a document of facts presented to a judge which he will sign if he deems it is necessary to bring that person before the court. If an officer of the law has probable cause to arrest you, he does not need a warrant. Reasonable suspicion is needed to have probable cause.

For example, if you are pulled over, and the officer smells alcohol, thats reasonable suspicion. If he gives you a test and you fail for being drunk, he now has probable cause to arrest you. If the officer arrested you just on the basis of him smelling alcohol, then he had no right to arrest you, as it is insufficient.

Answer 4

The police have always been able to arrest a person with cause on thier own. The process is that they must appear before a judge with-in a short period of time to answer charges and recieve bale of remain is custody depending on circumstances.
Terrorist suspect are treated differently at present but this is before the Supreme Court.

Answer 5

No we have not lost habeas corpus and it is still in full use by our courts today.

This new law was a result of liberals trying to give POWs and terrorist habeas corpus rights and other constitutional rights they were not suppose to have, that they never had ever before in american history and should not have.

So it was the liberals trying to destroy our ability to fight a war that caused the new law to be passed.
This only applies in the few cases where the President deems them to be ememy of the nation basicly.

In WWI, WWII, Korea and any of our wars, POW and the enemy soldiers never were able to sue in US courts, that is just silly.

Answer 6

More Chicken Littles? Habeas Corpus was not suspended. Now if you're a terrorist, you might have something to worry about.

Nazis were not released until AFTER WWII ended.

Answer 7

In most states you can be picked up and held on "suspicion" for 48 hours with out charges being filed.After that 48 hours you must either be charged or released.

Answer 8

This doesn't effect everyday Americans. Bush is not going to arrest your grandparents and steal there meds.

http://www.youtube.com/watch?v=qUk07uwP_p0

Answer 9

Unbelievable & scary, isn't it? Next, bush will be appointing
himself dictator. But, I'm sure he'll come up with a different
title, just to keep the neo-cons fooled.

Answer 10

A suspect can be picked up and questioned, but not arrested unless they say something stupid.