I have a question about the law, criminal?

Question

Can the police take you donw town or put you in ther police car under false pretence. And Hold you for Hours with out let's you go or reading your rights. also if you are upset due to what you are seeing, are they (the police) allow to handcuff you, to clam you down?

Answer 1

they don't have to advise you of the 5th; you know it.....they can hold you for 72 hours; and they can hook you up until you chill the ***** out

Answer 2

1

Answer 3

Your definition of "false pretense" is different than the Police's.

You can be put in a car for several reasons:
To protect you from another person,
To protect another person from you,
To prevent you from leaving a scene until all the information is collected,
To take you to jail for something you did.
To see if the story you told matches the other person's story.

All of these are perfectly legal and you have no justified complaint.
They can hold you in a jail for up to 48 hours before they have to charge you with something or let you go. They don't have to read you your rights unless they are charging you with something.
They can handcuff you to "calm you down". What that really means is that you were on a rampage and the list above applies to the situation.

Before you go off yelling about your "rights", you should realize that the Police won't be messing with you if you weren't already doing something wrong. And they know what the law is and what your rights are so they won't be doing anything out of the ordinary.

Sometimes they do, but that's really rare.

Answer 4

What do you mean by "false pretenses.?" For a detention of any length to hold up, there must be evidence that would
convice a reasonable person in the police officers place that
a crime had committed and the person to be arrested had
committed it. Terry v.Ohio. The usual legal standard after which a detention becomes a De Facto Arrest has been
defined as 25 minutes to a half hour. If you are taken to a jail and still not given a Miranda warning the remedy that most courts give is exclusion of any evidence gained as "Fruit of
the Poision Tree." The police are given very broad discretion in how they do their jobs, while one side argues that the extra latitude is needed in "the public interest", my
personal view is that the Due Process Ammendments of the
Consitution control, because those are the most precious safeguards of liberty that we still have.
Protest how you were treated, certainly. But do it in the
proper forum, which is the courts.

Answer 5

Under normal circumstances, if you have evidence and good arguments, absolutely not, especially if you abide with normal noise laws before late hours while other people can make all kinds of noises after hours! I am in a current situation that is directly associated with my bankruptcy, sabotage, and other criminal activities which I can directly pinpoint to crooked police activity and various people trying to "jerk" me around! It might be a good idea to stay calm but do not let anyone walk over you, especially when you are being used and taken advantage of by certain groups or people in power abusing their status and authority without just cause while you have to suffer hardship, harassment, fraud, break and enter, gross negligence, libel, computer hacking, and various forms of shady devious misdemeanours!

Answer 6

There is a minimum amount of time that the police can "hold you" or detain you. with arresting you.. 24 hours or so...but they must either press charges "arrest you" or let you go after that time...it is then that they 'read you your rights" and you should be allowed to make a phone call..

Answer 7

As a legal matter, you should always consider yourself to have the option to get up and leave when being questioned by the cops. They may say lots of things like "you should stay" or "it is in you best interests to stay", but if they say "you cannot leave", they are obligated to read you your Miranda rights and advise you of the charges against you.

Police may argue that they can cuff you to calm you down or prevent you from being a danger to yourself or others. They key there is to keep you temper in check. Request counsel. KEEP YOUR MOUTH SHUT, even is you have nothing to prove.

Answer 8

Yes, to all of those.

As long as the police have probable cause to believe you have committed a felony, or probable cause that you committed a misdemeanor while in their presence, they can arrest you.

Detention for mere hours is not a constitutional violation. And Miranda warnings are only required if you are interrogated while in custody, not merely for being under arrest.

Answer 9

They do it all the time.