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There are now 12 comments... what are your thoughts?
  1. Gregory Bogosian says

    You can be in custody without being under arrest. However, is the reverse statement true? Can someone be under arrest without being in custody?

    • 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.

          • 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.

          • 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)

  2. Richard Achahboun says

    Loving the Pi clock!

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