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1/1/06 - You can be arrested for any reason.

Specop 007

Diamond Member
Jeebus. They've now lost any semblence of freedoms. 🙁

I wonder if this is something which could, in time, step by step (Just like it happened to them) happen to us.....
I think it is. Between the Democrats and Republicans, we're slowly losing all our freedoms and rights.

Click

Now you can be arrested for any offence
By John Steele, Crime Correspondent
(Filed: 29/12/2005)

Police are to be given sweeping powers to arrest people for every offence, including dropping litter, failure to wear a seat belt and other minor misdemeanours.

The measures, which come into force on Jan 1, are the biggest expansion in decades of police powers to deprive people of their liberty.

At present, officers can generally arrest people if they suspect them of committing an offence which carries at least five years in prison. They will now have the discretion to detain someone if they suspect any offence and think that an arrest is "necessary".

The civil liberties organisation Liberty said the change represented "a fundamental shift" in power from the public to the police and the state and was open to misuse.

It pointed out that powers to stop people under anti-terrorist legislation, which the public had been reassured would be applied correctly and sparingly, were wrongly used against an elderly heckler at the Labour Party conference in the autumn.

There are also worries that the new arrest laws will create major problems for constables, whose judgment on the "necessity" of an arrest is likely to be routinely challenged in the courts, particularly under human rights legislation.

Officers will have to satisfy themselves of "a person's involvement or suspected involvement or attempted involvement in the commission of a criminal offence" and that there are "reasonable grounds for believing that the person's arrest is necessary".

They will also have the power to take digital photographs of suspects on the street when they have been arrested, detained or given a fixed penalty notice.

The Home Office said the move would save time spent in taking suspects to a police station to be photographed and that it would "greatly reduce the ability of suspects to deny that they were the person in question".

But many people fear that the move will create a vast database of photographs of innocent citizens which could be kept even if the police decide not to take any further action against them.

The Government says that the existing legal framework on arrestable and non-arrestable offences has become "bewilderingly" complex and needs to be simplified.

A Home Office spokesman said yesterday that arrests would not soar because, in addition to the necessity test, many offences would be covered by fixed penalty notices.

Police chiefs have made clear that, although they were concerned about the current system, they did not ask for all offences to be arrestable.

Liberty said that three years ago the Home Office and the Cabinet Office had advocated "a definitive list" of arrestable offences and enhanced training, not a move towards all offences being arrestable.

Mark Oaten, the Liberal Democrat home affairs spokesman, said: "Officers need firm guidance on how to use these new powers. Nobody wants to live in a society in which every offence results in people being dragged down to the police station."

Edward Garnier, the Tories' spokesman on home affairs, said: "The effect of the new arrangements will need to be monitored closely."

Like Liberty, he referred to the ejection from the Labour conference of Walter Wolfgang, 82, a refugee from Nazi Germany and a Labour Party member since 1948, and how a policeman citing the Terrorism Act detained him when he tried to get back into the hall.

Hazel Blears, the Home Office minister, said: "It is vital that the police are equipped with the powers they need to enable them to do their jobs properly and effectively. The powers need to be updated to reflect modern policing priorities and the changing nature of criminal activity.

"We need to maintain the crucial balance between the powers of the police and an individual's rights.

"The introduction of a single, rationalised power of arrest simplifies arrest powers and requires the police officer to consider the necessity of the arrest."
 
The measures, which come into force on Jan 1, are the biggest expansion in decades of police powers to deprive people of their liberty.

Yeah, this guy isn't biased at all. The specific reason they gave them these powers is to "deprive people of their liberty," right? :roll:

I do find this a bit troubling, but I highly doubt I'll get arrested for littering should a cop catch me.


 
Originally posted by: ntdz
The measures, which come into force on Jan 1, are the biggest expansion in decades of police powers to deprive people of their liberty.

Yeah, this guy isn't biased at all. The specific reason they gave them these powers is to "deprive people of their liberty," right? :roll:

I do find this a bit troubling, but I highly doubt I'll get arrested for littering should a cop catch me.

Yeah, is there an actual link to this new law? I dont buy it till I see it.
 
Not that it makes it any better for those it affects, but you may want to point out that this is in the U.K., not the U.S.

I'm afraid der führer, Bush has similar designs on our future. 🙁
 
Originally posted by: Specop 007
Jeebus. They've now lost any semblence of freedoms. 🙁

I wonder if this is something which could, in time, step by step (Just like it happened to them) happen to us.....
I think it is. Between the Democrats and Republicans, we're slowly losing all our freedoms and rights.


According to this article they have the power here already.



Tuesday April 24 11:53 AM ET
Court OKs Arrest for No Seat Belt
By ANNE GEARAN, Associated Press Writer

WASHINGTON (AP) - Clarifying the extent of police power in roadside stops, the Supreme Court held that officers can arrest and handcuff people even for minor offenses punishable by a fine. The justices ruled against a driver who was arrested and handcuffed for failing to wear a seat belt.

Such arrests do not violate the constitutional protection against unreasonable search, the court declared Monday. In the 5-4 ruling, which could affect anyone who drives a car, the justices said such an arrest does not violate the Constitution's Fourth Amendment protection against unreasonable seizures.

Police generally can arrest anyone they see breaking the law, the court said as it barred a Texas woman from suing the officer who handcuffed her and took her to jail.

The Fourth Amendment protects "the right of the people to be secure ... against unreasonable searches and seizures.'' A lower court had ruled that Gail Atwater could not sue over her arrest because the officer did not violate her constitutional rights.

Atwater was driving her two children home from soccer practice in 1997 in Lago Vista, Texas, when she was stopped by a police officer who had noticed the three were not wearing seat belts.

Texas law allows police to make arrests for routine traffic violations, except for speeding. The officer arrested Atwater, handcuffed her hands behind her back and took her to the city police station. A friend looked after her children and her pickup truck was towed away.

Atwater's mug shot was taken and she was released after posting bond. She later pleaded no contest to the seat belt offense and paid the maximum $50 fine.

Atwater and her husband, Michael Haas, sued the city and the police officer, saying the arrest violated her constitutional rights.

The high court majority rejected her argument that police should not have arrested her for a crime that would carry no jail time.

"The arrest and booking were inconvenient to Atwater, but not so extraordinary as to violate the Fourth Amendment,'' Justice David H. Souter wrote for the majority.

Souter was joined by Chief Justice William H. Rehnquist and Justices Anthony M. Kennedy, Clarence Thomas and Antonin Scalia.

Justice Sandra Day O'Connor, Ruth Bader Ginsburg, John Paul Stevens and Stephen Breyer dissented.

A lower federal judge had thrown out Atwater's lawsuit. A three-judge appellate court reinstated it, but the full 5th U.S. Circuit Court of Appeals ruled she could not sue.

The appeals court said the arrest was reasonable because the officer had reason to believe Atwater violated the law and the arrest was not carried out in an ``extraordinary manner.''

The states have widely varying policies on whether police can arrest people for minor offenses. Some states allow officers to arrest people for offenses punishable only by a fine, while others prohibit it. Some states let officers arrest someone they witness committing a misdemeanor offense only if the offense is considered a breach of peace.

During arguments at the Supreme Court last December, Atwater's lawyer said the Fourth Amendment restricts the use of arrest for minor offenses. The case would be different if someone were stopped for drunken or reckless driving, which could cause danger for others on the road if they were released, her lawyer said.

O'Connor, writing for the minority, said Atwater's arrest was unreasonable under the Fourth Amendment. It does not make sense for the majority to say both that Atwater's arrest served no state purpose and also to say that it passed constitutional muster, O'Connor wrote.

`"Because the court's position is inconsistent with the explicit guarantee of the Fourth Amendment, I dissent,'' she wrote.

The city's lawyer had argued that police are allowed to make an arrest if they witness someone violating the law. Police often don't have enough information to know if someone's actions are a misdemeanor or felony, the lawyer said.

The case is Atwater v. Lago Vista, 99-1408.

Court OKs Arrest for No Seat Belt
 
Originally posted by: EagleKeeper
This is England that we are talking about...

Yeah UK, though a healthy democracy, has never been a bastion of personal privacy rights.

The danger is that US is also headed that way if Bushco had their way with the patriot act. We need to maintain our checks & balances on the power of government.





 
Originally posted by: ntdz
The measures, which come into force on Jan 1, are the biggest expansion in decades of police powers to deprive people of their liberty.

I do find this a bit troubling, but I highly doubt I'll get arrested for littering should a cop catch me.

I think Jews in Germany in the 1930's said something very similiar.

 
oh, i dont mind.
im still white so i doubt anyone will care what i do!!!
(oops, gotta run...time for the cotillion!)
 
Originally posted by: ThEFeAR
Found another link.. here.

I was hoping it was just some scaremongering but it looks like its true :disgust:

Bah

not to belittle the importance of the story but folks who do not believe the initial link are certainly not to be swayed by a report by the BBC (im sure they will use a clever pun involving communism to describe the source)
 
Not that I didn't believe the original link, I just found it a little strange that it wasn't mentioned on any other news sites.
On all of them now.
 
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