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| I Am The Law! Car accidents, personal injury, defamation, libel, malpractice, fraud, bankruptcy, debt, lawyers, corporate law, criminal law, jail, police conduct, prison, employment laws, workers compensation, real estate law, divorce and family court, taxes, education, immigration, military law, insurance, trademarks and copyrights, traffic and driving laws, class action law suits, and more. All of these are welcome topics in this forum.This forum is not intended to be a substitute for professional legal advice. Always seek the advice of professional with any questions you may have regarding a legal situation. Never disregard professional legal advice or delay in seeking it because of something you have read on any web site, including this one. Fair warning: If you're stupid enough to post a confession it could be held against you in a court of law. |
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#1
 2008-08-04, 07:43
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Regular
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Sydney, Australia
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Who can legally detain me and for how long?
i have a question for any experts or anyone who has experience in being detained
i live in Nsw, Australia but international help is also helpful
i need to know, other then the police...who can legally detain me?
say a store owner or security guard tries to hold me while they call the cops...can i run?
any advice?
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#2
 2008-08-04, 16:49
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Re: Who can legally detain me and for how long?
I think you are more so interested in the non-lawenforcement parties. There is something called citizens arrest which means that people can detain you for a crime if they catch you in the act. They can detain you until the police arrive, no longer. Yes, you can try and run but the citizen(s) may restrain you against your will. They cannot however use force against you, so if you start a fight they may not knock you out or something. Don't put your money on it though.
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#3
 2008-09-07, 23:36
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ICEMAN1968 
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Re: Who can legally detain me and for how long?
In the USA, theImmigration and Naturalization Service {INS} may hold you indefinately.
Eventually they either deport you or move you to a "holding facility", which is basically a prison and YOU have to convince the INS and YOUR government to send you back to your home country.:)
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#4
 2008-09-09, 04:02
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Re: Who can legally detain me and for how long?
Transit Officers
Council Rangers
Federal Police
RSPCA inspectors
People appointed as Special Constables which includes interstate police near the border.
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#5
 2008-09-18, 14:29
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Re: Who can legally detain me and for how long?
Any adult can perform a citizen's arrest for any crime for which a person could be summarily arrested by a police officer.
Basically, anyone who sees you commit a crime can legally arrest you, They do have to literally say "I arrest you". I don't know whether evading it would be dealt with in the same way as running from the police... probably not.
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#6
 2008-09-20, 03:07
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Mr Smith 
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Re: Who can legally detain me and for how long?
I legally detained your mother with my cock.
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#7
 2008-09-30, 23:21
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Lost in Kanuckistan 
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Re: Who can legally detain me and for how long?
If you didn't do anything wrong, just go along and sue the store for false imprisonment.
A cop can stop you if he has "resonable cause". After a few question, he has to arrest you or let you go.
When the cop arrives, ask him: "Am I under arrest?" If he says NO, just get up and leave.
They can't detain you for long. They have to arrest you or let you go.
If you are under age, don't say anything.
If you are an adult, don't say anything.
You have the right to refuse to answer any question.
If a cop stop you on the street and you didn't do nothing, and he ask you for ID, just ignore him. He can't do that, just ask for ID.
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#8
 2008-10-21, 18:37
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dhalgren's haze 
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Re: Who can legally detain me and for how long?
Unfortunately in AUS, there's no Bill of Human Rights, if you're a foreigner, you're fucked. IF you are an aus citizen you may fare a bit better with local pd but whenever you come across a fed agency, you're also fucked. Detention can range from 24-72 hrs depending on many different factors including race, priors, location, and what agency has apprehended you. Most agencies can hold you under suspicion without charging you with a crime for 24 hours, no phone call, no lawyer, just you and a cell until they free you.
http://www.google.com/search?q=rights+and+being+detained+aus&ie=utf-8&oe=utf-8&aq=t&rls=org.mozilla:en-US:official&client=firefox-a
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#9
 2008-10-28, 07:00
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Regular
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I'm that man ->
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Re: Who can legally detain me and for how long?
In Australia we have no official bill of rights but we have signed all 4 UN charters on human rights. This doesn't really mater though. In the end, it comes down to wether the judge respects the UN or not.
- ♫.i.b.y.v.n.t.h.♫
http://www.nocleanfeed.com/
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