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Justin Carver by Colin Kelly


Joe

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I just finished chapter one and it looks as if we're in for another excellent story. I'd say that no two cops could be as stupid as the two we meet in this chapter, but I see in the real news that two cops are indicted for shooting and killing a nine year old in Louisiana. Pretty scary stuff.

Looking forward to chapter two.

While I'm at it, I'd like to mention "Along Came a Spider" as a delightful story that I thoroughly enjoyed.

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That's correct. There is something going on here, that we will learn more about as the story develops, but a warrant is not required to arrest, although a demonstration of probable cause would be required shortly after the arrest in court. (There are books devoted to this subject and we don't have time for all of that here.)

In the real world, ones rights are what the arresting officer says they are.

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  • 3 weeks later...

Justin Carver is set in California, and this quote from the article Rutabaga linked in his post describes the requirement for arresting someone in California:

"...But many states—California for one—don’t permit an officer to carry out a warrantless arrest for a misdemeanor if the crime wasn’t committed in the officer’s presence."

It's also interesting that the "crime" that Justin was accused of committing is defined as a misdemeanor in California, not a felony, as described in chapter 2. It's up to the DA and the Court to decide, based on special circumstances, if it was a felony.

Colin :icon_geek:

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  • 2 weeks later...

AARGH! Colin, you're Elliot and I'm E.T. following this trail of wonderful Reeses Pieces -- only I have no idea where this trail will lead me nor how long it will take to get there! The writing is great, the storyline intriguing, and the characters quite believable. All in all, a wonderful holiday treat. Carry on!

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Cops really hate it when you know your rights.

I've known some of them to completely ignore procedure and rough you up if you give them too much lip.

Of course these were deputies and the sheriffs nephews.

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I found some information here:

http://criminal.lawyers.com/criminal-law-basics/what-are-arrest-warrants.html

I agree that knowing someone in the DA's office was most useful.

R

There's information about the requirements for arrest warrants in California here: www.leginfo.ca.gov/cgi-bin/displaycode?section=pen&group=00001-01000&file=813-829.

Colin :icon_geek:

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As well he should be.

This little slut decided it would be easier to ruin someone else's life than take responsibility for what she did with her own vagina.

We have created a monster with our sex crime laws.

If our protagonist didn't know his rights, his father wasn't a lawyer and aunt worked in the DA's office, he would have been well and truly screwed.

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And meanwhile, Lt. Gage should be facing disciplinary charges, as should the two officers he sent over to the school. They should seriously consider demoting him, and at a minimum he should be put on administrative leave for training in proper procedure and protection of citizens' rights. The city should be providing a monetary settlement to Justin as well.

R

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I still think the city owes Justin some compensation for the harm it caused to him.

R

I agree, preferably an arm and a leg, though I would not object to a couple of heads too.

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