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Discussion Starter #1
I have a friend in jail. The cops pushed thier way into his house, no warrant, grabbed him and are now holding him but wont tell him why..he's been there for 2 days now and he still has no idea what is going on...is that even legal?

As far as I know he hasnt done anything....I could be being lied too but he says he hasnt been into anything he shouldnt have been in. (Never know, but for now Ill give him benefit of the doubt) Regardless, wouldnt they have to tell him why he is there?

Just curious to see if anyone here has any kind of legal background.
 

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AEDM8 said:
I have a friend in jail. The cops pushed thier way into his house, no warrant, grabbed him and are now holding him but wont tell him why..he's been there for 2 days now and he still has no idea what is going on...is that even legal?

As far as I know he hasnt done anything....I could be being lied too but he says he hasnt been into anything he shouldnt have been in. (Never know, but for now Ill give him benefit of the doubt) Regardless, wouldnt they have to tell him why he is there?

Just curious to see if anyone here has any kind of legal background.

He needs a lawyer end of story.. if he cant get one help him get one...
 

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Discussion Starter #3
For sure. He will have one. But for conversation purposes....is it legal to hold someone like this? To me it sounds illegal.
 

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There can be extenuating circumstances which could be reason to hold someone. The Patriot Act is one that I know of. But he should have gotten a lawyer by now. Most police departments will not want to jeopardize a case for violation of constitiutional rights. There is definetly something fishy going on, somewhere....
 

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Discussion Starter #5
I hope he is smart enought to have called a lawyer. From what I understand he is going to be in front of a judge tomorrow morning......maybe Ill have to make a few calls and see where that stuff is at. Have one waiting for him if no one else has done anything already....

Just hope he didnt do something stupid.
 

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Discussion Starter #7
I hear ya. I wonder if he has an idea of what he did but because of where he is he isnt saying anything.

Regardless. I feel obligated to help him out with what I can. What are friends for....:D
 

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He can not be held indefinatly with out being charged. That's undue process. In order to get a warrant, it has to go before a judge and it has to be very specific. They can not "just" break in to your home without just cause.
 

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comes out from under rock.....




The police can do whatever they want. Whether or not it will surpass a judge at the hearing is a totally different story. Warrants are a joke to get, ask any police officer. Phone warrants are even worse. Even if there is no warrant...hold on, I smell marijuana...bang...right threw the door. Probable Cause is a wonderful thing....(for the cops)
 

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Uncaged 94 said:
He can not be held indefinatly with out being charged. That's undue process. In order to get a warrant, it has to go before a judge and it has to be very specific. They can not "just" break in to your home without just cause.
i thought the patriot act overides the warrant issue. :zdunno: all they gotta do is prolly say they got an anonymous tip saying he was gonna bomb somebody or something.

edit: or like what dave said, probable cause.
 

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From the little I know, it sounds very illegal. Then again this is America, the land of the free. :( If I were him and honestly didn't know what was going on I would come to the conclusion that the feds want me for something. Not much we can do if they want him, but I do know of a good lawyer.
 

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Violation of his constitution rights, no ilegal search and seizure. He must have been presented a court ordered subpeona or warrant. Were they federal agents? Was he read his miranda rights? has he done something shady or dealt with any shady characters in the past few months? has he left the country recently? i am assuming he didnt take a vacation to pakistan lately....
 

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A secret court with secret evidence with secret warrents and no time limits... that's why giving up liberties for saftey doesn't work... you only make it worse.
 

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GreenBird said:
A secret court with secret evidence with secret warrents and no time limits... that's why giving up liberties for saftey doesn't work... you only make it worse.
I wish ppl would understand that.
 

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The Great Obucina said:
lets not get political here, chief.
aye aye cap'n

When did basic god-given (or whatever-given) rights become political?
 

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DMcBrideBoston said:
comes out from under rock.....




The police can do whatever they want. Whether or not it will surpass a judge at the hearing is a totally different story. Warrants are a joke to get, ask any police officer. Phone warrants are even worse. Even if there is no warrant...hold on, I smell marijuana...bang...right threw the door. Probable Cause is a wonderful thing....(for the cops)
DMcBrideBoston said:
I have been arrested alot and I have NEVER been picked up without having a little clue as to what I was being indicted for.....just something to ponder ya know....
:uppoint: :rofl: dude your a riot. :D i love how he just admits it

(sorry had to say it)
 

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AEDM8 said:
I hope he is smart enought to have called a lawyer. From what I understand he is going to be in front of a judge tomorrow morning......maybe Ill have to make a few calls and see where that stuff is at. Have one waiting for him if no one else has done anything already....

Just hope he didnt do something stupid.

the chances of him stepping infront of a judge without legal council are slim to none. All has to do is request one if he cant afford one...."Miranda right". go to lexisnexus and look up Gideon v. Wainwright or just to to the Supreme Courts website and research the case.
 

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Discussion Starter #20
Easy guys. Im not trying to stir up any political stuff.....although I had a feeling that it would go that way regardless. Lets try not to fight....:D

He's a 23 year old white kid from the burbs. No immigration here, no "suspicious" background. He has gotten in his fair share of trouble in the past but works 50 hours weeks now and tries to stay away from BS. He couldnt afford to leave the country....even if he could he would probably would choose sitting around a bonfire having a beer with his friends over going anywhere special. :)

The cops that came in the house were nothing more than city cops.

I hope that whatever they are going to charge him with is BS and this is just a scare tactic to see if he will admit to something. Guess Ill find out soon enough.
 
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