Re: 'n here's yer work, steve :) -- Talking Circle Alternative

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Date Posted: Wed, 01/ 1/03 10:14am
Author: Steve Russell
Subject: Re: 'n here's yer work, steve :)
In reply to: tso 's message, "'n here's yer work, steve :)" on Wed, 01/ 1/03 6:32am

The presence or absence of a warrant does not determine whether an arrest is lawful.

The absence of a warrant shifts the burden of proof to the government to show that it is lawful. With a warrant, the burden of proof is on the citizen to show that it is unlawful.

There are many, many lawful exceptions to the warrant requirement, the most common being "probable cause" (to believe a crime has been committed) combined with "exigent circumstances" (which prevent seeking a warrant).

Better to temporarily handcuff everybody while you sort it out than either get backsided or take everybody downtown and let the judge sort it out.

Steve

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Replies:

Re: 'n here's yer work, steve :) -- tso, Wed, 01/ 1/03 10:49am
- Re: 'n here's yer work, steve :) -- Steve Russell, Wed, 01/ 1/03 10:56am
  - Re: 'n here's yer work, steve :) -- tso, Wed, 01/ 1/03 11:27am
    - Re: 'n here's yer work, steve :) -- tso, Wed, 01/ 1/03 11:38am
      - Re: 'n here's yer work, steve :) -- sunny, Wed, 01/ 1/03 11:48am
    - suicide -- sunny, Wed, 01/ 1/03 11:44am
    - Cops -- kangi, Wed, 01/ 1/03 1:36pm
      - Re: Cops -- Steve Russell, Wed, 01/ 1/03 7:03pm
    - Re: 'n here's yer work, steve :) -- Steve Russell, Wed, 01/ 1/03 6:55pm