(04-12-2023 12:39 PM)tanqtonic Wrote:  

(04-12-2023 12:08 PM)UTSAMarineVet09 Wrote:  The charges are are not arrestable charges, he has no arrest records, there was no mugshot, and he was never put in handcuffs. According to our resident "lawyer", an arraignment is an arrest...

Actually I did not say 'an arraignment is an arrest'. Funny that. By the way, chuckles, the arraignment is *only* the court hearing where the charges are read and the plea entered. I suggest some basic legal terminology help there.

1. Your comment on 'arrestable charge' is inane. Please show me a cite to *what* an arrestable charge is in NY.

2. A traffic violation is not an arrestable charge (if that even exists). Yet that period of police custody, and being restricted from leaving goes beyond a 'detention' and into an 'arrest' -- in pretty much every jurisdiction. And under pretty much every SCOTUS ruling on the subject for close to a 150 years or so. Imagine that.

3. Handcuffs are necessary for an arrest? The definitions only involve a) in police custody; and b) relevant to a charge or potential charge being filed. That is traffic violation and stop is an 'arrest' due to the inability of the person getting the ticket to leave on their own volition.

4. A mugshot is necessary for arrest? See above.

The funny thing is that you went on for 150 or so ******* comments on 'trump arrested' -- and apparently you are unable to come to terms with pretty much the core defining legal characteristics of an 'arrest'. And instead dance in the head of pin with your now explicit crapola garbage that seemingly require 'handcuffed' and 'mugshot'.

Got it.

Not just that, but you do a damn good job of studiously ignoring a whole raft of SCOTUS cases describing what constitutes an arrest.

Bravo there, coffee man.

The process in which Trump was detained by the police for the process of booking and fingerprinting (another non-consent action that Trump was required to submit to) most definitely counts as an arrest in every Supreme Court case test on the books on the subject.

But, hey, call them up and tell them they have gotten it wrong for the last 100 years or so. You are going to be famous. Call it the UTSA Arrest Test.

Hey "laywer", do you even look at the links that you provide?

https://iapps.courts.state.ny.us/webcrim...c9Gi9f1A==

According to that link, the same link that you have provided, it shows you the charges. You might want to go back to law school or at least retake the bar.