I didn't realize that if you are being questioned, that it *is* an arrest.
Me neither. I thought you could just "come down for questioning" -- I mean, I knew you could say no to that, or you might say yes for whatever reason. But there seems to be a gray area that I'd forgotten, in which if you come in voluntarily, you can still refuse on other things (like fingerprints) because you're not (yet) under arrest. Once you are, though... then suddenly, consent is no longer an issue.
no subject
Date: 7 Feb 2011 06:27 pm (UTC)Me neither. I thought you could just "come down for questioning" -- I mean, I knew you could say no to that, or you might say yes for whatever reason. But there seems to be a gray area that I'd forgotten, in which if you come in voluntarily, you can still refuse on other things (like fingerprints) because you're not (yet) under arrest. Once you are, though... then suddenly, consent is no longer an issue.