Such a thing as a "Do Not Detain" order?

[Hapworth]

Happened across this claim from an acquaintance and I'm skeptical; fellow says law enforcement sometimes uses a "do not detain" order on individuals who are implicated in major investigations so they don't get caught up for small stuff like traffic tickets. Never heard of this.

Unless my Internet Fu fails me, there's next to nothing about this online except discussion of its supposedly desirable and attainable status on Sovereign Citizen forums , which makes me even more skeptical.

Anyone know anything?

 

[k22fan]

I could zoom right through the radar traps? Where do I sign up?

 

[Faulkner]

In our state the only thing I've ever heard of like this is for state legislators when the General Assembly is in session. It's almost like diplomatic immunity for them with traffic laws when they're traveling to and from the State Capital during session.

 

[finesse_r]

I would expect you sign up at the major crimes and felonies desk or the homeland security's terrorist at large desk.

 

[bgrafsr]

Years ago a local Common Pleas Court Judge was ticketed for speeding on a Sunday morning. He got out of it by claiming he was going into work at the Courthouse to do some work on cases. Yea right......

 

[DWalt]

How could an ordinary cop tell that an individual was even under a "do not detain" order (if there is such a thing) under normal circumstances? I can see it for diplomatic immunity, where the party would just pull out his credentials, but not any other way.

 

[dougb1946]

Happened across this claim from an acquaintance and I'm skeptical; fellow says law enforcement sometimes uses a "do not detain" order on individuals who are implicated in major investigations so they don't get caught up for small stuff like traffic tickets. Never heard of this.

Unless my Internet Fu fails me, there's next to nothing about this online except discussion of its supposedly desirable and attainable status on Sovereign Citizen forums , which makes me even more skeptical.

Anyone know anything?

Sovereign Citizens are in an alternate reality and have come up with interpretations of laws held only by themselves. Sometimes the LEO types are not impressed-enough to use handcuffs and the working end of a gun.

 

[tbgunner88]

That reminds me of the episode of cops where a drunk tells the officer he is with the FBI or something like that, and then goes on to demonstrate his karate skills

 

[shouldazagged]

Speaking of this kind of thing, I've noticed watching "The First 48" that police in Memphis and Birmingham can put a suspect on "a 48-hour hold", without formal charges. How the hell is that legal? I'm no attorney, but that sounds unconstitutional to me.

I'm as supportive of the police as anybody, and I'm not faulting the officers, but that's a very strange law.

 

[Iggy]

A local Judge tried to pull that on me to get out of a speeding ticket. The Judge of the court I sent him to wrapped his knuckles and embarrassed the heck out of him with the other Judges around the state.

He wound up owning a parcel of land in the middle of our ranch many years later.. He never did forgive me.

 

[Jessie]

Speaking of this kind of thing, I've noticed watching "The First 48" that police in Memphis and Birmingham can put a suspect on "a 48-hour hold", without formal charges. How the hell is that legal? I'm no attorney, but that sounds unconstitutional to me.

I'm as supportive of the police as anybody, and I'm not faulting the officers, but that's a very strange law.

You'd better start locking your doors, if you don't already.
To question is to be labeled a malcontent.
If you've ever watched Dr. Who....exterminate, exterminate!

 

[Alk8944]

Speaking of this kind of thing, I've noticed watching "The First 48" that police in Memphis and Birmingham can put a suspect on "a 48-hour hold", without formal charges. How the hell is that legal? I'm no attorney, but that sounds unconstitutional to me.

I'm as supportive of the police as anybody, and I'm not faulting the officers, but that's a very strange law.

Anyone can be arrested and held in jail for a statutory period in any state. There must be "Probable Cause" to believe a crime has been and that the person under arrest (detained) committed that crime. In Utah the statutory period is 72 hours. The basis is that for an arrest made after normal business hours for the court on a Friday can be held until court is in session on the following Monday.

They have been charged by being booked. "Formally" charged simply means that the case has not yet been reviewed by the appropriate prosecutor who has issued a "Complaint". Once the individual is "Arraigned" he will be admissable to bail except in the case where the crime charged is a "Capital Felony"!

It is too bad that "Civics" AKA "Government" is generally an elective rather than a core subject anymore. If it were you would have been taught this in High School!!!!!

 

[chud333]

I would imagine if the DEA or FBI were keeping close tabs
on an individual they would notify the local authorities
would they not? Just to keep a patrolman from busting
said person for jaywalking or some other minor crime.
Or maybe law enforcement agencies do not communicate
sometimes due to the chance's of the word
getting out thru a paid off insider??

Chuck

 

[Doug M.]

A "Riverside hearing" (named for the County in CA that got hammered for their shenanigans with holding prisoners for extended periods of time before getting them before a judge) is a 4th amendment mandate. Anyone arrested and booked to be held (some places do a lot of cite and release, or admin bookings, mostly because they have no room in the jail) has to have the factual basis for the arrest considered by a judge within 48 hours, INCLUDING weekends and holidays. This can be done solely on the written reports of the officer(s), quite often a relatively short summary. Without a finding of probable cause by a judicial officer in that time, the inmate must be released without bond.

"Charging" is generally not done by an officer, but the details of this can vary from state to state. I have by colleagues elsewhere that in some states, judicial pre-approval is required for some or most arrests, which seems unwieldy at best and dangerous under some circumstances. Generally, a "charge" is actually filed by the prosecutor for that jurisdiction - it is a formal written document that initiates the process. In some states, a grand jury review and indictment is required at some point, but not here.

 

[Bkreutz]

This is the closest I've seen to what you described.

 

[Jessie]

Anyone can be arrested and held in jail for a statutory period in any state. There must be "Probable Cause" to believe a crime has been and that the person under arrest (detained) committed that crime. In Utah the statutory period is 72 hours. The basis is that for an arrest made after normal business hours for the court on a Friday can be held until court is in session on the following Monday.

They have been charged by being booked. "Formally" charged simply means that the case has not yet been reviewed by the appropriate prosecutor who has issued a "Complaint". Once the individual is "Arraigned" he will be admissable to bail except in the case where the crime charged is a "Capital Felony"!

It is too bad that "Civics" AKA "Government" is generally an elective rather than a core subject anymore. If it were you would have been taught this in High School!!!!!

Really? Teach all the nuances of law in high school?
They have a hard enough time teaching the ABCs and basic math as it is.
The fact that you may have "elected" to pursue that field shouldn't mean that everyone should.
That's diving awfully deep into basic civics if you ask me.

 

[M E Morrison]

This is the closest I've seen to what you described.

AHH, the good old days. Haven't seen one of these for a while.

 

[cmort666]

There was once a guy who got stopped by the Chicago PD for DUI.

When they did a Terry search, they found an unregistered handgun... with the serial number filed off. At the time, there was a handgun BAN in the City of Chicago. Needless to say, possession of a firearm with a defaced serial number is a FEDERAL CRIME.

He asserted that he was an important city employee (public works, I believe), with "clout" and demanded that they call downtown. They called.

The word came back... to release him... WITH HIS GUN.

 

[cmort666]

High school should be preparing them for college or entering the adult world, not just teaching ABC's and basic math.

Shouldn't public schools try ACTUALLY "teaching ABC's and basic math" FIRST?

 

[CAJUNLAWYER]

We have a few down here that are on "do not detain" status. Mainly because the jail doesn't want to screw with them for medical reasons. Unless they are standing over a corpse with a dripping knife or there is a bloody tennis shoe imbedded in their car grille they are given a summons to show up in court. Charlie Sherrell knows what I'm talking about.