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It is considered resisting arrest and you can be charged with that offense, in addition to whatever charge you were detained for in the first palce.
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When are you in police custody?
You are in police custody after you have been informed that you are placed under arrest. Until you have been informed that you have been placed under arrest, you have the right to leave whenever you wish. For Miranda rights, you are considered in police custody (and therefore Miranda applies to you) when you reasonably believe that you are being detained without the right to leave. Because of this all police have a procedure that requires the officer questioning you to tell you that you are being questioned and you are free to leave
What is the different between arrest and detention?
Arrest is a formal process that requires the advisement of your rights. You are in the custody of the police when you are arrested. Detainment means they have stopped you to ask you some questions. You have the right to leave.
Can you tell a police officer to get off your yard using private property in Los Angeles?
Assuming the officer has no valid business being on your property yes. If he refuses to leave, tell him one last time to leave your property. If he fails to leave at that point, call the Police and you can have him lawfully arrested or cited for trespassing. However, If the officer(s) are there on official business, you cannot ask them to leave, but you can inquire as to why they are on your property.
Where was Steve Gonsalves a police officer?
Where was a police officer at, and why did he leave ??
What is a de facto arrest?
A de facto arrest occurs when a person is not officially arrested or detained by law enforcement, but the circumstances and actions taken by authorities make it clear that the individual is not free to leave. This can happen when a person is detained without being formally arrested, such as during a stop and frisk or when being held for questioning.
Can you be charged with anything if detained for shoplifting with no police involvement or will charges be pressed if the LP let me leave and said nothing about the police being involved?
Not quite enough information is given. If the store security was a commissioned special police officer you may HAVE been arrested. IF not- - the security people may have just seized the stolen property, taken your information for the store's records, and released you with a warning. If you received no summons and/or nothing telling you to report to court, it would seem that the second case is what probably happened.
Can a police officer ask for identification with out cause?
I think you may be asking the wrong question. A police officer can ask you to do anything they want. Its up to you to ask a question back (or conditionally accept) ie.Officer: "Show me some "ID".you: "May I see some Identification?" (they are required to by their own law)Officer: "This car/badge/uniform is identification anough."you: "Are you refusing to Identify yourself?"and so on?http://www.truthandchoice.com
If a police officer ask a security guard to leave there post can they refuse?
If there isn't a valid reason for that police officer to be doing that (e.g., the post is part of an active crime scene), absolutely.
What happened to the police officer who killed Kevin Hans arellano?
The police office that shot Kevin Hans Arellano is currently on her paid leave.
Can tribal police arrest a non-Indian on an Indian reservation?
Unless the tribal officer is also recognized as a peace officer by the state where he is making the arrest, no. Generally speaking, tribal police officers have no police powers when they leave the reservation.
Can an army officer become a police officer how and what r requirements?
An officer in the Army can become a police officer if they meet the same requirements as anyone else. The Army officer would have to leave active duty and either move entirely into civilian life or continue in the Army Reserves or National Guard to accept a position as a civilian police officer.
Does a off duty police officer not in uniform have to inform you he is an officer?
If he is engaged in activity that requires being a police officer, such as making an arrest or serving a warrant, then, yes. Otherwise, the off-duty office is not obligated to tell anyone he is an officer. One exception could be for members of law enforcement agencies that are required to disclose their status during any adverse police contact (such as a traffic violation), but those are fairly rare. In most cases, off-duty officers can leave it all at work and not take on any police responsibilities until it's time for them to go back on duty.
