grumpycoconut
Regular Member
imported post
Oh No! Citizen has discovered the vast governmental conspiracy that is 849PC. The ultimate legal ass covering. How dare the government give itself the means of cleaning up/ covering upafter itself when it evil agents wrongfully arrest / harass some poor law abiding citizen.
Take 2. The state has realized that there are times when its agentstakea personin to custodyand then upon studying the situation in greater depth, realize that probable cause to support a criminal prosecution against the persondoes not exist. Rather thandragging the personbefore a magistrate with an unsupportable case, wasting everyone's time and resources (including the person in custody) the legislature (our regional benevolent overlords) has created a tool by which the person in custody can be sent back to his life without the stigma associated with having been "arrested".
I don't knowwhen 849PC was made law or if it has ever been challenged in court. Yes I'm too lazy to do the research. I can't see why someone would challenge a law that provides an innocent (term means nothing legally) person with the key to their freedom with a minimum of further fuss. And just in case you were about to holler that this absolves JBTs from responsibilty for real wrong doing, it doesn't. You can still seek redress from your government for harm done you.
Since you are in the Commonwealth of Virginia and are not subject to the laws of the State of California, you might want to check your own laws to find out if your own gubmint has left themselvesan evil back door similar to this. What is a commonwealth anyway? Being a state isn't good enough for ya?
Confession Alert!!! Dirty dark gubmint secret follows.
Sometimes cops use 849(b) for sneaky tactical reasons. Say you have probable cause or a warrant to arrest someone and you do it. And then you question them after admonishing them that they have the rights to an attorney and to remain silent. And then you decide for what ever reason that it serves your case better to let them run free for a little bit, like so they can help you gather evidence against a conspirator or some other such thing. And then you build a stronger case against them you can actually go back and arrest them again for the same crime without having to pay any mind to any silly double jeopardy laws (gratutitous legal red herring). !!!And It's All Perfectly Legal!!!!
Oh No! Citizen has discovered the vast governmental conspiracy that is 849PC. The ultimate legal ass covering. How dare the government give itself the means of cleaning up/ covering upafter itself when it evil agents wrongfully arrest / harass some poor law abiding citizen.
Take 2. The state has realized that there are times when its agentstakea personin to custodyand then upon studying the situation in greater depth, realize that probable cause to support a criminal prosecution against the persondoes not exist. Rather thandragging the personbefore a magistrate with an unsupportable case, wasting everyone's time and resources (including the person in custody) the legislature (our regional benevolent overlords) has created a tool by which the person in custody can be sent back to his life without the stigma associated with having been "arrested".
I don't knowwhen 849PC was made law or if it has ever been challenged in court. Yes I'm too lazy to do the research. I can't see why someone would challenge a law that provides an innocent (term means nothing legally) person with the key to their freedom with a minimum of further fuss. And just in case you were about to holler that this absolves JBTs from responsibilty for real wrong doing, it doesn't. You can still seek redress from your government for harm done you.
Since you are in the Commonwealth of Virginia and are not subject to the laws of the State of California, you might want to check your own laws to find out if your own gubmint has left themselvesan evil back door similar to this. What is a commonwealth anyway? Being a state isn't good enough for ya?
Confession Alert!!! Dirty dark gubmint secret follows.
Sometimes cops use 849(b) for sneaky tactical reasons. Say you have probable cause or a warrant to arrest someone and you do it. And then you question them after admonishing them that they have the rights to an attorney and to remain silent. And then you decide for what ever reason that it serves your case better to let them run free for a little bit, like so they can help you gather evidence against a conspirator or some other such thing. And then you build a stronger case against them you can actually go back and arrest them again for the same crime without having to pay any mind to any silly double jeopardy laws (gratutitous legal red herring). !!!And It's All Perfectly Legal!!!!