This isn't for a Harry Potter fic, but I need some help anyway, from people who either are policemen, have been suspected of crimes, or just watch too much CSI.

If a policeman firmly believes a suspect is guilty of murder, but has no evidence and no real reason to arrest, what would he bring them in for?

How would he ask? etc.

Any details could help.

 

One of the first things police are taught is to bring as many charges against a subject as possible. Say a policeman pulls a car over. He/she suspects the driver of trafficking drugs. There are tons of things that make cops suspicious (nationality, time of day, appearance, nervousness of the driver, etc). They can't search the car if there isn't any evidence within sight. This means that if they can't smell weed, or they can't see a suspicious powder (or whatever), they cannot search the car on suspicion of drug trafficking. To get around this they will do everything they can to bring lesser charges against the driver that will ultimately lead them being able to search the car (and find the drugs). This can be stuff like if your license, tags, registration, etc are in order to the small stuff like a broken headlight or taillight. If any one of those is suspect or invalid, they have the right to search the car.

For a real life scenario, I got pulled over last year while driving a friend's car. I forgot my license, the registration wasn't in the glovebox, and the taillight was broken. Because of this they were able to search me and the car and they found the quarter of weed that I had.Not only was I arrested and spent the night in jail, I received about 5 different tickets even though it wasn't my car. I had to go to court over it but I just got some community service and some fines. Basically the police are trained to charge you with everything they posiibly can.

 

Well it really depends on the cop. I've been unfortunate enough to have had a few episodes in my life where I had to sit down and answer a few questions and my experiences drastically differed from one officer to the next.

A good cop will be up front about their suspicions and what they know and will accept the differences between the two. For instance I once had an officer and my building's manager knocking on my apartment door because one of my neighbors complained about smelling marijuana. The officer mentioned the complaint, said she suspected my apartment because I was upwind of the complaining party (since I was on the corner of the building I was the only one upwind), and asked if she could come in. My sup came off strong about how my lease said I had to comply with all reasonable requests from law enforcement, blah blah blah, dick. I invited the officer in and closed the door in the manager's face. The officer took a quick look around, sniffed a few times, asked if my roommate were in and after checking my roommate agreement (put it in writing, always, always, always) accepted that I couldn't legally invite her into his room and that she lacked probably cause since I'd been cooperative. She left and told me to call if I knew anything. My superintendent glared, dick.

Not even ten seconds later my roommate's door opens and a cloud of smoke drifts into the common area as he raids the fridge for munchies. Fucking stoner. Good weatherstripping, a wet towel across the floor, and an agreement about shared spaces in writing saved my ass because I know for a fact there was enough drugs in the common areas to cause me trouble too if they actually looked. Somehow I doubt a clean drug test would have made any difference if they wanted me too.

Bad cops on the other hand will do what Demons described. I've had plenty of run ins with bad cops. A few months back there was a lulz thread about a news article where somebody called 911 because he was surrounded by cops. That happened in my hometown and I don't find it the least bit funny. Largo PD are some of the worst cops I've ever heard of.

In the last year alone I've been stopped eleven times in my own neighborhood. The excuse? "We've recieved an anonymous tip that four/three/however-many-are-in-the-car guys in an older car have been selling drugs to some kids round here." They shine the flashlight around a bit, run ID's (because some stupid fucking county ordinance passed last year says it's a misdemeanor not to have ID if a cop asks for it), ask to look in the car. If we agree, they search it a bit and harrass us some more before letting us go. If even one of us can't come up with an ID, says/does something suspicious, or refuse the search they invent probable cause and tear the car apart on the grounds that I must be hiding something. They never find anything but every few weeks it happens again. I wonder why it's always an "anonymous" tip? Maybe because they made it up and don't want to worry about me demanding my right to face my accuser? No, that's just paranoid...

Ever try to get damages out of the police department when they wreck your shit? Good fucking luck. I've had to replace my upholstery three times in the last five years after K9's have torn it to shreds when the cops handling them tap an area and yell "dig it out!" Fortunately I live a few miles from a junkyard and own a fairly common car. I just junk the old seats and buy new ones at $25 each if I pull them myself. Sure they don't match the rest of the car, or each other, but it's less hassle than fighting the presumption of guilt and making an actual court case over a car I bought for $850 in the first place. The local cops are bullies and get off on their power because it's too much work and money to fight back legally.

If I ever do anything seriously wrong, and they find out about it, I'm not letting the Largo cops have me. Highspeed chase to the Sherriff's station, Highway Patrol, or Tampa Police for me.

Basically a good cop is going to a) follow the law when confronting you, b) ask questions instead of demanding answers, and c) assume innocence until they've got solid evidence otherwise. Bad cops i) assume little things like just cause are for lesser mortals, after all they've got an instinct about this one, ii) already know what you did so why don't you just admit it, and iii) have decided you let you go, this time, but will be watching you asshole.

And that's just drug charges, its a whole other ballgame for grand theft (shopping carts from walmart believe it or not, didn't know it was grand theft), bomb threats (didn't do it), drunk and disorderly conduct(may have done it, can't really remember that one too well), underage drinking (did it), contributing to the delinquency of a minor (oh hell yeah), jaywalking (wtf?), DUI(never been caught doing it), assault (can't prove I did it), and computer crimes(isn't everyone guilty of doing it?). The DUI bit is especially fun if you're sober enough to enjoy it (which is in doubt if they've pulled you over already). Slur, "accidentally" tell your friends what you really think of cops while they can here you, mention a "really wild party", infer that everyone will be talking about it for weeks, etc... Then do their roadside sobriety test perfectly, blow well under the legal limit, pass a blood test with flying colors, and watch the cops struggle to find something, anything, to hold you for.

 

I'm fairly sure that you can be arrested under suspicion of having committed a crime, which is basically the police saying "We think you did it, and we're going to take you to the station and get you to admit you did it."

And it all really depends on the circumstances. If its high profile then the cops are more likely to be exceedingly careful of how they go about doing shit, if it ain't then they won't be as careful.

 

My advice is to do some Google searching. Police procedures vary depending on which country you are in (in the US the various States have different rules as well). In general being arrested is different than being detained. Arrest means they have a warrant or probable cause to believe you committed a crime. Defining probable cause (i.e. suspicion) is tricky. In the US the cops have 48 hours to bring you before a judge for a hearing. If the judge agrees that there is enough probable cause then you will be held over for trial (with or without bail). If there isn't enough evidence, the judge will throw out the case (and be pissed at the cops and Prosecutor for wasting his/her time).

Being detained means the police believe you are either a witness or an accomplice to a crime. In the US you can be detained for a short amount of time depending on the circumstances. How long depends on what State you are in and what the crime is but no one goes over the 48 hour rule. If you are a minor I believe the police can detain you until a parent/guardian comes to pick you up.

Some interesting links for reading material:

ACLU Bust Card

Persist & Publish article on Police terms and Procedures

Federal Rules of Criminal Procedure from Cornell Law School

 

Now this brings back memories...

I had a roommate in college who was bagging this high school girl (16 is legal in WA), and one day he told her to get lost...

She went and told Daddy that my roommate had /raped/ her, and Daddy took her to the cops. Needless to say, we got to deal with a very agitated lady detective for a couple of weeks while everything got sorted.

If a police officer suspects that you've committed a crime but don't have any evidence, then they'll generally stop by and talk to you ("Would you mind answering a few questions for me..."). They'll also talk to your neighbors, friends, acquaintances, and anybody that might have information. They could also ask you to come down to the police station and give a statement. BTW-you have the right to have a lawyer present anytime you speak with the police. Speak to cops without one at your own peril; most people put themselves in jail when they talk too much. (The officer's job is to collect enough evidence to put you in jail. They are NOT your friend, they are NOT on your side, and they do NOT have the authority to "help you out" if you cooperate, or make deals).

If they have anything resembling evidence, they can put you in cuffs and detain you whenever they want. Then they turn the evidence they've collected over to the DA's office, and they decide whether or not to bring charges before a grand jury (for more serious crimes), who then returns an indictment (or declines to indict).

Now, they can't detain you indefinitely, but if they can convince a judge that you're (a) dangerous, or (b) a flight risk, then they can refuse bail and leave you sitting in jail until you go to trial (this is why we're guaranteed the right to a speedy trial).

(If anyone cares, her story didn't hold up and she was nearly charged with perjury for giving a false statement).

 

Sadly I come from a country where cops need no reason, worst off they'll shoot you and say you resisted arrest and get a slap on the wrist or a departmental inquiry that never amounts to anything , any way they'll empty your pocket and send you to lockup without even booking you on any charges and deny even laying eyes on you if asked about it.
Be happy your police just gets to harass you.

 

Which country are we talking about here?

 

...I was wondering that too. Aren't there like universal human rights or something?

 

Lol, no. Not like you're thinking anyway. The right to be born, the right to die, and the right to be fucked over in between. Those are our universal human rights.

As for Sangmtr, a quick Google search shows it as a known nick for several English translations of an Indian name. Sanghamitta, Sanghamitra, Sanghmitra, Sangmitra. Indian's live all over the world now, but that's still your best bet.

As for the actions of Indian cops, I'd believe it. Some of the backwards thinking that happens in the more regional parts of that caste-society country are really fucked up. And that's just what we hear about.

 

Fixed it for you. See, the fact that Abortion exists - legal or not, considering the age-old coat-hanger technique - clearly states that some people weren't given the right to be born.

 

But you could argue that at conception the fetus isn't a human, therefore it has no human rights.

 

I'm not going to deny this; hell, I've argued it in the (fairly recent) past, myself.

 

Go go google ...
correct at one go ....

If you don't believe my words, pick a date, find an Indian daily, you'll find something or the other.

with so many of us around I guess Human life is a cheap commodity considering the fact that one out of every 4 people on earth is probably an Indian

Going back to the main topic one must remember that the first priority of the Police is to protect the Government, next maintain Law and Order. They protect the common man only a a byproduct of the above two conditions. When they said "To Serve and To Protect" it used to mean the Monarch and now the Governing body, it has never been nor shall it be their job to protect you and me just for our sakes.
So when it come to rights ... you have no rights. It is all a make belief, easily torn apart on the basis of the flimsiest of reasons, like say, National Security !

So if a Policeman want to arrest you, he just Will. keep your mouth shut and your head cool and pray to the lord for a quick deliverence.

The easiest charges for paperworks sake would be obstruction of justice, resisting arrest, suspicious behavior, assaulting an officer, and off course possession of drugs and other paraphernalia ( which he would then plant on you ).

cheers

I am sorry but this has never been clear to me. Who cares if it is or is not a Human so long as it WILL BE one in the near future.

It's like I cant use pirated "Windows" but it's okay to steal their source code.

 

Nearly charged with perjury??? NEARLY???

The bitch needs to be charged with perjury, slander, libel, malicious prosecution and every other charge that can be applied to her. She needs to be sent to a prision so she can taste for herself the fruits of what she had intended for him. Moreover she needs to be raped--actually truly raped so she'll know better than to cry rape on a man just because she's pissed off.

Damn bitch gives good women a bad name (are there any good women left?) and demeans actual rape victims with her story.

--bornagainpenguin