On 18 Jan 2004 21:26:36 GMT, Clark stillnospam@me wrote:
Alan Minyard wrote in
:
On 17 Jan 2004 21:40:35 GMT, Clark stillnospam@me wrote:
"~Nins~" wrote in
Please post the citations for the 'pertinent case law'? I'd like to
take a look at them, they are cases involving military police and
civilians, right?
Wrong, it has to do with what in practice is arrest as determined by the
courts. It doesn't matter who, civilian, military, LE detains the
individual, merely the fact that the have been detained and are under
the control of someone.
So when a psychiatric patient is committed he has been arrested?
I don't know. Is it a civil or criminal matter?
Civil. But he is being detained against his will, which, to some,
constitutes "arrest".
The point being that simply because on is being detained
does not mean that they are "under arrest".
Al Minyard
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