This is a purely educational website. Nothing here is legal advice or creates or implies an attorney-client relationship. If you have a specific legal issue, PLEASE talk to a lawyer who practices where you live—laws vary from place to place, and how they're applied varies from courthouse to courthouse. Your local county bar association can probably refer someone who handles matters like yours.
By using this site, you agree that you are awesome. Use of this site also constitutes acceptance of its
Terms of Service and Privacy Policies, which are known to medical science as a cure for insomnia.
It's best to keep all discussions in the comments. But if you really need to reach Nathan privately, go ahead and email him at n.e.burney@gmail.com. He won't mind.
THE ILLUSTRATED GUIDE TO LAW and the PEEKING JUSTICE logo are pretty damn cool trademarks and should probably be registered one of these days.
© Nathaniel Burney. All rights reserved, though they really open up once you get to know them.
You can be in custody without being under arrest. However, is the reverse statement true? Can someone be under arrest without being in custody?
Pretty sure it’s a subset situation: all arrests are custodies, but not all custodies are arrests.
Only thing that comes to mind would be something from the movies, where the officer yells, “You’re under arrest!” just as the criminal turns and starts the three minute long chase scene.
No, that’s probably avoiding arrest.
Non-arrest custody might be something like when officer cuffs you for safety.
But is there any such thing as non-custody arrest?
Let us know how your experiments go. :-)
“Mr Bogosian, you are under arrest. Remain there until an officer arrives to take you into custody.”
I’m going to be off the grid for the next week or so. But I don’t want you to be in suspense the whole time, so:
If you’re under arrest, then by definition you’re in custody. There is no such thing as a non-custodial arrest for Miranda purposes. And “custody” for Fifth Amendment purposes and “detention” for Fourth Amendment purposes are two entirely different things. I’ll explain later.
…Or Pi will, if she can stop stuffing her face long enough…
I’m guessing then that in the situation where ☆ tells someone they’re under arrest without being in control of them, and they run off, they aren’t technically under arrest until they’re caught, despite what ☆ said.
. . . stuffing her face with the sandwich that was just on the desk . . . *gags*
Judging from computer games like SWAT 3 and SWAT 4, SOP in hostage situations is to cuff everyone, then sort the sheep from the goats later. Bear in mind, SWAT teams are usually fairly small versus their often fairly chaotic tactical situation, and cuffing a hostage, or ten, is a small price to pay for being sure not to have missed one bad guy (this happened to the SAS when they went into the Iranian embassy, back in the 1980s, though the man had ditched his weapon)
Loving the Pi clock!