Re: Unlawful Arrest Question
- From: "A Michigan Attorney" <miattorney@xxxxxxxxx>
- Date: 29 Jun 2006 05:20:37 -0700
Police ask to come inside to talk about problem. Husband says "sure come
in, how can I help?"
Expecting to discuss a problem tenant the police start asking whereabouts
the prior day of a party the presious day at an aquantance.
Husband left early figuring something must have gone wrong there due to
their high consumtion of alcohol. Maybe a fight?
After a denial of doing anything wrong police arrest husband.
Why do they arrest him? Do they have an arrest warrant? If not, what
information do they have that he committed a crime? What crime?
Due to someone stating he did something while at the party/
Search and seizure analysis is intensely fact-determinative.
Specifically what is said, who says it, and who is it said to? Is he
accused of writing an insult in lipstick on the bathroom mirror, of
cutting the host's throat in the basement, of spitting in the
punchbowl, of setting the building on fire, or something else?
Do the police have an arrest warrant?
The facts make all the difference.
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