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Posted by on Mar 25, 2012 in Science & Technology, Society | 2 comments

Meme-Busting: No Arrest In Either Trayvon Martin Or Kim Kardashian Cases

It’s a great juxtaposition of the absurd.

Trayvon Martin was killed on February 26 and the man who confessed still walks free, no arrest.

Kim Kardashian was “flour bombed” on Thursday … and the perp was arrested … right?

Wrong, despite what Piers Morgan, LeVar Burton, Think Progress and a host of other celebrities, entertainers and normal folks say. My Storify tells all. (The Storify embed no longer works?)

Detaining for questioning, at the scene != arrest!

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Copyright 2012 The Moderate Voice
  • Rcoutme

    So…my UCMJ class in Officer Basic Course was wrong? I was told that if you are impeded in ANY WAY (for instance a police officer grabbing your shirt) that is defined as arrest. You may not get charged–that is most definitely a different situation, but if you are ‘detained’ against your will, you have been…hmm…the word was with me just a minute ago…I’ll think of it in a bit…

  • By that definition, Zimmerman was “arrested” too. If you read the tweets you’ll see that lots of them specifically talk about being in jail. Not the Will Smith tweet – but that’s the implication. Arrest to most people means “read your rights and toss you in jail.”

    And that’s what this (and many others) legal article says as well:

    Many officers have been taught that an arrest occurs whenever law enforcement creates a situation in which a subject is “not free to leave.” If that was a correct definition, every investigative detention, i.e., “Terry stop,” would be an arrest. Some officers have been taught that if they use any force whatsoever to restrain someone, they have arrested that person. If this statement was true, then an officer could not even grab someone’s arm during a “Terry stop” to prevent him from walking away.

    In fact, in terms of federal constitutional law, neither of these teachings is a correct definition of arrest. However, these explanations correctly define a “seizure” of a person. A seizure of a person occurs whenever force is used or a person submits to a show of authority by police. Seizures of persons come in two forms: investigative detentions, AKA “Terry stops,” which require reasonable suspicion, and arrests, which require probable cause.

    Ask for your money back.

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