Questions tagged [detention]

22 questions
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"Innocent until proven guilty" doesn't apply to bail?

How does the law reconcile the "innocent until proven guilty" principle with the treatment of those awaiting trial on criminal charges? At least in the U.S., it seems like there is a meta-criminal-justice system in which merely being accused of a…
feetwet
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Is it legal for a bank to trap you in an ATM vestibule?

In an episode of Friends, Chandler is in an ATM vestibule when a power blackout happens. The door to the vestibule automatically locks and he (and a supermodel) are trapped inside until the power comes on. Is this legal? There is this related…
B. Goddard
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Is the use of language other than English 'Reasonable Suspicion' for detention?

The ACLU indicates: Generally, an immigration officer cannot detain you without “reasonable suspicion.” An immigration officer also cannot search you or your belongings without either “probable cause” or your consent. An immigration officer cannot…
gatorback
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What exactly are an officer's requirements in order to demand ID in the US (New York)?

I watched a YouTube video recently which depicted the following situation, and I'd like to learn more about what peoples' rights are and what an officer's obligations are in a situation like this: A filming crew flew a drone above property to…
J.Todd
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What are the detention without charge time limits?

In researching detention without charge, I find this accusation asserted at many countries as if each example is uniquely bad. However, surprisingly I can find no research paper or even informed opinion discussing what are the norms. Are there…
dotancohen
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Can a School Keep a Child from their Parents, as a byproduct of discipline? (USA)

This issue had been bugging me for a while, and I think I finally figured out how to phrase it: As one of the punishments for infractions, some schools will detain children, hold them past the end of normal class schedule as punishment. Parents…
GridAlien
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Are cops required by law to have "reasonable suspicion" in order to detain a person? If so, do they have to inform the detainee about the suspicion?

I was stopped while cycling on hwy 59 in Texas, about 50 miles south of Huston. Officer started asking me questions about my travels. I asked: "Have I done anything illegal? Officer: "No, but I need your ID" I: Am I being detained? Officer:…
Alex Doe
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Under what circumstances can the police detain you?

after watching the video about the recent fiasco in Mckinney Texas I was curious about whether any of the teens that the officer pulled over had the legal right to just walk away. Under what scenario is a police officer allowed to detain you? Do…
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Does Israeli law provide for Habeas Corpus and can detained Palestinians raise a petition for it?

According to a CommonDreams.org article, "Palestinian Prisoner Hisham Abu Hawash Ends Hunger Strike After Deal With Israel" Palestinians and human rights defenders around the world on Tuesday cheered reports that Hisham Abu Hawash—who has been…
Evan Carroll
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What are the powers of a retail security guard compared to a police officer?

I watched a video about the legality of security guards doing random compulsory receipt and bag checks and it raised a question for me. So of course they can stop you in the act to prevent an imminent theft but the video never covered the exent of…
Ethan
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The right of self-represented detainee/prisoner to do legal research

Bob is arrested awaiting bail or trial (or imprisoned after conviction) but is adamant to represent himself vs get a lawyer. (I agree that practically/tactically this will often be the wrong call even if Bob is a monster lawyer himself with all…
Greendrake
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Can a Belgian mayor 'deport' arbitrary people from their municipality?

This article De Morgen raised some concerns for me. The link is in Dutch; the following are the sections relevant for my question, in English courtesy of Google translate: In response, Minister of the Interior Annelies Verlinden (CD&V) launched,…
Drubbels
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Stateless in Australia — how to obtain legal residency, education and citizenship without being detained?

Let us say that we have a person who is undocumented, born to parents who were also undocumented, and whose ancestors were all also undocumented. For all intents and purposes they were all born in Australia, yet they are not members of a group who…
Monty Wild
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Told by police that I'm being detained. No probable cause or statute/law given. Am I free to leave?

I recently watched this video on YouTube: https://www.youtube.com/watch?v=FSJTxalznxE It's of a man open carrying a shotgun and filming from a public street. Nothing he did was illegal which later in the video is even confirmed by the female…
2
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released from detention but not released?

Context: I'm applying for US citizenship. I was arrested (so I think) a few years ago for misdemeanor. The police took me on a Friday, I spent a night in "jail" (it might not be the correct technical term), and on Saturday the next day my friends…
Thomas
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