General Discussion

Ilikepurple

(520 posts)

35. Why would you conflate the ability to sue or the right to a remedy with "cannot be detained without arrest"

Wed Feb 11, 2026, 12:56 AM

Feb 11

Cannot legally be detained except briefly without arrest is an accurate but different proposition. Yes, there are legal protections and people are often confused by inaccurate portrayals police procedurals in popular culture, but the force of those legal protections kick in after the fact. In your rush to provide a lesson in law you seem to have ignored realities that many have faced. Making up something to cover their asses is not a unique law enforcement event. Often people are happy just to be let go or accepting of a minor charge. As to the existence of remedies, not all of us are as comfortable going to court or as confident in the system as a criminal attorney. I think giving legal advice, teaching law, and discussing the real world effects of laws require different approaches, but maybe that’s just me.

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mopinko

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Highlight:

"detained for questioning" in Guthrie case? [View all] Jersey Devil Feb 10 OP

thank you Skittles Feb 10 #1

Me too. n/t iluvtennis Feb 11 #31

Are the news sources getting this info from Kash Patel? Greywing Feb 10 #2

Yeah, ol Cash crossed my mind, too. Cha Feb 10 #4

Bingo. The Keystone Cops at work! In an autocratic KPN Feb 11 #33

Mahalo, Jersey Devil.. Cha Feb 10 #3

Saw it Rebl2 Feb 10 #5

Let's not pretend like everything always goes by the book. RockRaven Feb 10 #6

Sure, but there must be an arrest Jersey Devil Feb 10 #13

Did they send ICE? It would be on par for this FBI & WH to totally fuck over Maru Kitteh Feb 10 #7

Could be. ShazzieB Feb 11 #32

It's Kash's Law! CanonRay Feb 10 #8

I call bullshit montanacowboy Feb 10 #9

NBC interrupted Olympics coverage TommyT139 Feb 10 #12

Something about this news report is screwy Jersey Devil Feb 10 #14

Absolutely! KPN Feb 11 #34

Is it the case TommyT139 Feb 10 #10

That's a TV show 48 hours gab13by13 Feb 10 #16

See comment 22. "Quarles exception" TommyT139 Feb 10 #23

You can't detain someone simply because a life is at risk Jersey Devil Feb 10 #29

There is no provision to hold someone to answer questions Jersey Devil Feb 10 #17

See comment 22: "Quarles exception" TommyT139 Feb 10 #24

You cannot be "held for questioning" - it's not a thing at all Prairie Gates Feb 10 #20

Talking head on MSNBC TommyT139 Feb 10 #22

Quarles is an exception to Miranda warnings, not the requirement to arrest someone for questioning Jersey Devil Feb 10 #27

That's not what I said TommyT139 Feb 10 #28

Hopefully this is a good sign Johnny2X2X Feb 10 #11

Could you explain what we're supposed to be looking at on your link? Sogo Feb 10 #25

meh. i was once 'detained' but not arrested by chgo cops. mopinko Feb 10 #15

You were arrested Jersey Devil Feb 10 #18

oh i know. i was either arrested or illegally detained. but they insisted i wasnt under arrest. mopinko Feb 10 #19

Spunds like they made something up to cover their asses Jersey Devil Feb 10 #30

Why would you conflate the ability to sue or the right to a remedy with "cannot be detained without arrest" Ilikepurple Feb 11 #35

i talked to a lawyer. mopinko Feb 11 #36

Obviously unlawful detention exists. If there was no such thing, we wouldn't need its associated due process right. Ilikepurple Feb 10 #21

Terry stop? Jersey Devil Feb 11 #37

I'm not sure police actually charge people with crimes Ilikepurple Feb 11 #44

They're probably detaining him because he's not a citizen. Frasier Balzov Feb 10 #26

That could be the answer Jersey Devil Feb 11 #38

I think this is cartel activity Melon Feb 11 #39

Police release man detained in connection to Nancy Guthrie disappearance muriel_volestrangler Feb 11 #40

Totally on brand Kash, you latex knob. Maru Kitteh Feb 11 #43

So you're suggesting that Kash et al malaise Feb 11 #41

I did not know this cally Feb 11 #42