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Underage/minors

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ckfm

I don't understand, you needed a lawyer, but you were never charged, and it cost you two thousand dollars?

 

How does that work?

 

 

 

 

In BC, only the crown prosecutor can charge you.

 

.

Edited by ckfm

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Woolf

http://criminal-law.freeadvice.com/criminal-law/arrests_and_searches/arrest-detention.htm

 

What is the difference between detention and arrest?

 

The differences between a detention and an arrest are important because your rights change drastically from one to the other. In a detention, the police only need reasonable suspicion to stop an individual, and a reasonable person would feel as though they could leave in a short amount of time. This timeframe can vary a bit based on the circumstances, but the U.S. Supreme Court has held that 20 minutes or so is a reasonable timeframe for detaining someone. Reasonable suspicion means that there were objectively reasonable circumstances to suspect that the detained individual was involved in, or was about to be involved in a crime.  

Common Reasons for Detention

In a typical detention scenario, law enforcement officers will temporarily stop a person in a public place without transporting the person to another location, for the purpose of (1) requiring the person to justify his presence and activity in the location and (2) to identify himself. For example, if the police see a man loitering or otherwise acting suspicious around an area of town that is known for drug sales, they may detain him for further questioning. If while detaining him, the police have reasonable suspicion that he may be dangerous, the stop may be accompanied by a “patdown” search for weapons. This does not mean that the police can immediately reach into pockets or search a bag without permission. However, if the police feel a “bulge” that they believe could be a weapon, they may reach in to grab it in order to protect themselves.  

Other legal methods of searching during a detention include using a metal detector, a drug-sniffing dog, or a computer search to determine if the individual has any outstanding warrants for their arrest. A detention stop enables law enforcement officers, with minimal upset to public tranquility and intrusion into personal rights, to determine whether they should arrest a suspect, investigate further, or take no action because their initial suspicion proved groundless. Further, because the intrusion into personal rights is minimal in a detention, the police do not have to inform an individual of their rights or give Miranda warnings.

When Detention Leads to Arrest

To arrest an individual, law enforcement officers need probable cause. An arrest is characterized by the idea that a reasonable person would not feel free to leave due to the actions of the law enforcement officers. This usually means that the officers take the individual into custody. Custody can mean a number of things. An individual may be taken into custody by driving them back to the police station. However, courts have also held custody to mean any situation in which an individual reasonably believes that they will not be able to leave within a short period of time. A law enforcement officer has probable cause to make an arrest when there are objective circumstances that lead a reasonable officer to believe that there is a high probability or substantial chance that the individual has been involved in, or will be involved in, criminal activity. 

 

>>>>>>>>>>>>>>>>>>>>>>>>

 

 

Is that suspicion or what ??

Edited by Woolf
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Salty Dog

I know ckfm is going to kick my ass for saying this, but this thread about the Philippines. Lets leave other countries laws out of this discussion.

 

Sent from my SM-T817V using Tapatalk

Edited by Salty Dog
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ckfm

I know ckfm is going to kick my ass for saying this, but this thread about the Philippines. Lets leave other countries laws out of this discussion.

 

Sent from my SM-T817V using Tapatalk

 

 

No, you are correct but many people here are mentioning that bad things/unjustifed arrests can't happen in a western country and that's just not true.

 

 

I am never worried when entering Philippines with my laptop but I am when I enter Canada as single male traveller from Asia. In fact, next time I will travel back home to Canada, I will leave my laptop here in the Philippines. because I already know what's gonne happen. Maybe I should do it like Paul and put lots of pics of chicks on it, lol.

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Tullioz

I am not completely against the idea of a well crafted law that has the same goals and similar language as RA7610; I can see how such a law could be useful. Having said that, 7610 is garbage. That it passed and became law does not speak well of the craftsmanship and pride of a job well done of those responsible.

 

If this law was garbage and not well written then there would be others complaining about this law besides a few people on a forum that caters to expats. Why are there not more discussion among Filipinos about how poorly written or unfair this law is? No legal arguments being made against the law in court? No human rights groups opposing this law? The UN? It has been on the books since 1992, and the only people complaining it seems are expats from western countries who have minimal experience in law. If this law was poorly written or was being used regularly to exploit people as some think, surly there would have been some attempt to have it amended before now. The fact that it hasn't should be evidence enough that some are just misunderstanding the language contained in the law how it is applied. 

Edited by Tullioz
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Salty Dog

If this law was garbage and not well written then there would be others complaining about this law besides a few people on a forum that caters to expats. Why are there not more discussion among Filipinos about how poorly written or unfair this law is? No legal arguments being made against the law in court? No human rights groups opposing this law? The UN? It has been on the books since 1992, and the only people complaining it seems are expats from western countries who have minimal experience in law. If this law was poorly written or was being used regularly to exploit people as some think, surly there would have been some attempt to have it amended before now. The fact that it hasn't should be evidence enough that some are just misunderstanding the language contained in the law how it is applied.

Is this rhetorical...:db:

 

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Cipro

 

 

If this law was garbage and not well written then there would be others complaining about this law besides a few people on a forum that caters to expats.

 

Because it's "for the children" and not very many people have the balls to take that juggernaut on. 

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HTM

Because it's "for the children" and not very many people have the balls to take that juggernaut on. 

Some are, but don't, for they don't think its a bad written law.

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smokey

If this law was garbage and not well written then there would be others complaining about this law besides a few people on a forum that caters to expats. Why are there not more discussion among Filipinos about how poorly written or unfair this law is? No legal arguments being made against the law in court? No human rights groups opposing this law? The UN? It has been on the books since 1992, and the only people complaining it seems are expats from western countries who have minimal experience in law. If this law was poorly written or was being used regularly to exploit people as some think, surly there would have been some attempt to have it amended before now. The fact that it hasn't should be evidence enough that some are just misunderstanding the language contained in the law how it is applied. 

well percentage wise foreigner might if we are lucky make up 1/10 of a percent of the people but will account for 50% of those charged or suspected..  I know a few very perverted locals and they are never arrested for some reason... and if they are because charges are filed they get some low bail on NON bail able charges.. that is just the way it goes...

If this law was garbage and not well written then there would be others complaining about this law besides a few people on a forum that caters to expats. Why are there not more discussion among Filipinos about how poorly written or unfair this law is? No legal arguments being made against the law in court? No human rights groups opposing this law? The UN? It has been on the books since 1992, and the only people complaining it seems are expats from western countries who have minimal experience in law. If this law was poorly written or was being used regularly to exploit people as some think, surly there would have been some attempt to have it amended before now. The fact that it hasn't should be evidence enough that some are just misunderstanding the language contained in the law how it is applied. 

 

amend the law you mean Foreigners can amend the law?

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RogerDuMond

I know of three locals out here who have been charged with it and yet I don't know any expats who have been charged under it. Local cases don't make the papers often.

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Woolf

 

 

well percentage wise foreigner might if we are lucky make up 1/10 of a percent of the people but will account for 50% of those charged or suspected..

 

Do you have any statistical data to back up that statement ??

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HTM

 

 

know of three locals out here who have been charged with it

Lots most locals, but only "Americano" like German Korean an Australian make the news.

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HTM

 

 

Do you have any statistical data to back up that statement ?

An understandable assumption based on the news coverage of such cases, if you only refers to the media this is quite correctly observed by what I see as well

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smokey

Do you have any statistical data to back up that statement ??

well lets see 13 years living here is all I need for data ...  

Edited by smokey
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SkyMan

 

 

the simple truth is that with this law on the books, you need to stay away from unrelated minors.
That's what I've been saying but then Harry and Tulli say, no no, it's fine to be around all the minors you want. Completely reckless advice.
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