An arrest is the act of depriving a person of his or her liberty usually in relation to the investigation and prevention of crime or harm to others and oneself as well. The term is Anglo-Norman in origin and is related to the French word arrêt, meaning "stop".
The word 'arrest' when used in its ordinary and natural sense, means the apprehension or restraint of a person, or the deprivation of a person's liberty. The question whether the person is under arrest or not depends not on the legality of the arrest, but on whether the person has been deprived of personal liberty of movement. When used in the legal sense in the procedure connected with criminal offenses, an arrest consists in the taking into custody of another person under authority empowered by law, to be held or detained to answer a criminal charge or to prevent the commission of a criminal offense. The essential elements to constitute an arrest in the above sense are that there must be an intent to arrest under the authority, accompanied by a seizure or detention of the person in the manner known to law, which is so understood by the person arrested. (Para 46 of Directorate of Enforcement v. Deepak Mahajan (1994)3 SCC 440)
Police and various other bodies have powers of arrest. In some places the power is more general; for example in England and Wales—with the notable exception of the Monarch, the head of state—any civilian can arrest "anyone whom he has reasonable grounds for suspecting to be committing an indictable offence"[1], although people who are not members of the police or a similar body are not protected against the legal consequences of a wrongful arrest.
-----Original Message-----
From: Richard Williams <rkwill@lewiscounty.com>
To: Sport_Aircraft@yahoogroups.com
Sent: Wed, Sep 1, 2010 10:46 pm
Subject: RE: Light-Sport Aircraft Yahoo group Video: FAA resolves Kings issue - AOPA
From: Richard Williams <rkwill@lewiscounty.com>
To: Sport_Aircraft@yahoogroups.com
Sent: Wed, Sep 1, 2010 10:46 pm
Subject: RE: Light-Sport Aircraft Yahoo group Video: FAA resolves Kings issue - AOPA
Cy, I dont know the legal definition of arrested, but; in my book handcuffs, guns and placed in the patrol car means arrested. They did not get taken to the police station for booking. Maybe that is the point where they are 'arrested'. R. Williams ---------- Original Message ----------- From: "Cy Galley" <cgalley@mchsi.com> To: <Sport_Aircraft@yahoogroups.com> Sent: Wed, 1 Sep 2010 21:48:56 -0500 Subject: RE: Light-Sport Aircraft Yahoo group Video: FAA resolves Kings issue - AOPA > They [UTF-8?]weren’t arrested, just detained. > > From: Sport_Aircraft@yahoogroups.com > [mailto:Sport_Aircraft@yahoogroups.com] On Behalf Of chris@digitalrealitycorp.com > Sent: Wednesday, September 01, 2010 8:12 PM > To: Rick Pitcher; Sport_Aircraft@yahoogroups.com > Subject: Re: Light-Sport Aircraft Yahoo group Video: FAA resolves > Kings issue - AOPA > > This is nothing but data errors by disparate computer systems that > don't talk to each other.... it is sad that in 2010, with data > technology to make a phone call from any place on earth with irridium, > and data connected squad cars, that police department cars do not > validate the data on hand. > > Since the plane N number was registered in 2005, this shows GROSS > NEGLIGENCE on the part of the police and they should be sanctioned, > fined and sued. > > The us economy sucks. I have an idea....create a job to fix this data > infrastructure problem and do of by creating JOBS....IT jobs with > about 25 programmers, project managers and so forth. > > As for the kings...they were falsely arrested. Detained without cause > and will probably settle out of court for a LOT of money. They put > Mrs. king in handcuffs and pointed guns at them. Can you imagine the > stress! Some older folks could have a heart attack over this. > > Chris Norman, CEO > www.digitalrealitycorp.com > > Sent from my HTC on the Now Network from Sprint! > > ----- Reply message ----- > From: "Rick Pitcher" <lightflyer@adelphia.net> > Date: Wed, Sep 1, 2010 12:40 pm > Subject: Light-Sport Aircraft Yahoo group Video: FAA resolves Kings > issue - AOPA To: <Sport_Aircraft@yahoogroups.com> > > --- In Sport_Aircraft@yahoogroups.com <mailto:Sport_Aircraft%40yahoogroups.com> , "Richard Williams" <rkwill@...> wrote: > > > > Fellow pilots, > > > > Be sure to read the AOPA report (which indicates that these false stops are getting to > > be common occurrences. > > > > <http://www.aopa.org/aircraft/articles/2010/100831kings.html> > > > > R. Williams > > Yeah, out of the millions of police stops in this country they do get > a few wrong. Please people, don't try to blame the police for trying > to do their jobs. ------- End of Original Message ------- ------------------------------------ Yahoo! Groups Links <*> To visit your group on the web, go to: http://groups.yahoo.com/group/Sport_Aircraft/ <*> Your email settings: Individual Email | Traditional <*> To change settings online go to: http://groups.yahoo.com/group/Sport_Aircraft/join (Yahoo! ID required) <*> To change settings via email: Sport_Aircraft-digest@yahoogroups.com Sport_Aircraft-fullfeatured@yahoogroups.com <*> To unsubscribe from this group, send an email to: Sport_Aircraft-unsubscribe@yahoogroups.com <*> Your use of Yahoo! Groups is subject to: http://docs.yahoo.com/info/terms/
__._,_.___
No comments:
Post a Comment