4 ms·

> would have held Oswald in custody for the day Preemptive detainment? That doesn't sound very constitutional, to be honest. Is it actually a thing?

jazzyjackson 1y ago
In USA you can be held 24 hours without being accused of a crime. People have absolutely been picked up by cops and released the next day without apology, most recently the George Floyd protests in Portland, unmarked cops in minivans picked up protestors without any intent to prosecute, just done to break up the protest
- JumpCrisscross 1y ago
  > In USA you can be held 24 hours without being accused of a crime Doesn’t there need to be probable cause to trigger the arrest? Thar be sketchy isn’t probable cause.
  - t-3 1y ago
    Probable cause is a joke. It's incredibly easy to come up with a suspicion that someone is violating a law. That said, they don't need probable cause to arrest you, just to do so without potential liability. 99+% of people don't have the money, time, or connections to sue the police for probable cause violations, and even those that do likely won't win anything substantial unless there are several incidents.
  - dfxm12 1y ago
    Even in legal theory, probable cause is not so well defined. In practice, a judge can be found that will agree with cops on whatever they say. The legal system in the US rarely favors the little guy. Even if you have an ironclad case, the expense to sue isn't worth it.
  - MangoToupe 1y ago
    Reasonable suspicion is indeed the standard, but it's quite easy to fabricate if you're literally just trying to detain someone and have no intent of seeking a warrant or pressing charges. I can't imagine they'd need to fabricate much for Oswald, whom they knew quite a bit about. Certainly, the FBI to this day regularly engages in much legally sketchier behavior with much lower stakes. Edit: cf their weird habit of actively encouraging children to become terrorists https://theintercept.com/2024/01/10/fbi-sting-isis-autistic-teen/ https://theintercept.com/2024/01/10/fbi-sting-isis-autistic-... https://theintercept.com/2023/06/15/fbi-undercover-isis-teenager-terrorist/ https://theintercept.com/2023/06/15/fbi-undercover-isis-teen... https://theintercept.com/2023/07/31/fbi-isis-sting-mentally-ill-teen/ https://theintercept.com/2023/07/31/fbi-isis-sting-mentally-...
  - raincom 1y ago
    Heard of "probable cause on four legs"? That's what sniffing dogs are meant for. They can use a dog to find a probable cause, and they don't need a warrant either. That's a carve out from the fourth amendment.

jazzyjackson 1y ago

In USA you can be held 24 hours without being accused of a crime. People have absolutely been picked up by cops and released the next day without apology, most recently the George Floyd protests in Portland, unmarked cops in minivans picked up protestors without any intent to prosecute, just done to break up the protest

JumpCrisscross 1y ago
> In USA you can be held 24 hours without being accused of a crime Doesn’t there need to be probable cause to trigger the arrest? Thar be sketchy isn’t probable cause.
- t-3 1y ago
  Probable cause is a joke. It's incredibly easy to come up with a suspicion that someone is violating a law. That said, they don't need probable cause to arrest you, just to do so without potential liability. 99+% of people don't have the money, time, or connections to sue the police for probable cause violations, and even those that do likely won't win anything substantial unless there are several incidents.
- dfxm12 1y ago
  Even in legal theory, probable cause is not so well defined. In practice, a judge can be found that will agree with cops on whatever they say. The legal system in the US rarely favors the little guy. Even if you have an ironclad case, the expense to sue isn't worth it.
- MangoToupe 1y ago
  Reasonable suspicion is indeed the standard, but it's quite easy to fabricate if you're literally just trying to detain someone and have no intent of seeking a warrant or pressing charges. I can't imagine they'd need to fabricate much for Oswald, whom they knew quite a bit about. Certainly, the FBI to this day regularly engages in much legally sketchier behavior with much lower stakes. Edit: cf their weird habit of actively encouraging children to become terrorists https://theintercept.com/2024/01/10/fbi-sting-isis-autistic-teen/ https://theintercept.com/2024/01/10/fbi-sting-isis-autistic-... https://theintercept.com/2023/06/15/fbi-undercover-isis-teenager-terrorist/ https://theintercept.com/2023/06/15/fbi-undercover-isis-teen... https://theintercept.com/2023/07/31/fbi-isis-sting-mentally-ill-teen/ https://theintercept.com/2023/07/31/fbi-isis-sting-mentally-...
- raincom 1y ago
  Heard of "probable cause on four legs"? That's what sniffing dogs are meant for. They can use a dog to find a probable cause, and they don't need a warrant either. That's a carve out from the fourth amendment.