Reason for arrest

gibs93

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Ok, one of my best friends got arrested a couple of hours ago and I have a few questions that the good LEOs of this site may be able to answer.
some back ground: 3 persons in the vehicle all of which were drinking, the driver had had one or two beers the others had both had about a 12 pack apiece. Upon searching the vehicle the HP officer found an unloaded .22 mag and a spot light. After placing the driver in cuffs, the officer told one of the other persons (who had been drinking) in the truck to drive staight home 10 miles away and not to be out any more tonight.
the questions I have are:
1. Do you and the persons with you have to be informed of what you are being charged with?
2. Why did the local lock-up that he was transported to tell us to wait until later the next day to call and find out what the bail would be.
3. Why would the LEO have a person that had admitted to drinking a fair amount of alcohol drive over 10 mile to his home?
 

sbro712

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Jan 30, 2003
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1) the only person we have to inform of the charges is the person we arrest.
2) probably because the judge has to set the bail during arraignment and he probably wasn't in.
3) did the officer have the person who was allowed to drive away perform the SFTS? If he did and that person passed, that would be why they allowed them to drive away.
 

stang99svt

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Many of times they won't release someone until they are sober as well. So if you friend still was above the limit he would have to stay in jail till he was sober again. Plus they like to constantly give you BAC tests and charge you for them.
 

T-Bolt

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1. Only the person charged. That's under the jurisdiction of the 6th amendment, I believe.
2. Judge probably wasn't in. If bail is unreasonable, such as .5 mil, it's cruel and unusual punishment, as cited in the 8th.
2 more questions. Why did the officer stop the car? You might be able to argue the search as the 4th, but if they stopped you for a reason, and they saw the drunk people, the search was warranted. Also, why would they let a drunk person drive home? Is that officer crazy???!!!

P.S.-Sorry, I'm just looking for amendments since that's what I'm learning in History.
 
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