Zimmerman arrested...

Did you know he was arrested that night?

  • Yes

    Votes: 14 29.8%
  • No

    Votes: 30 63.8%
  • Not sure

    Votes: 0 0.0%
  • Who?

    Votes: 3 6.4%

  • Total voters
    47
  • Poll closed .

awpitt

Main Streeter
But as Larry stated, I was under the impression that Zimmerman was questioned "on scene" and released... Not handcuffed, back of cruiser & to the Police Dept. for questioning...

I was under the same impression until three days ago when I read that he'd been taken to the station.
 

mitzi

Well-Known Member
I had read and heard a few times he was taken in for questioning. But the majority of this mess made it seem like nothing at all was done. I thought the picture plastered everywhere was from a previous arrest or driver's license.
I do question though, in this video, why the officer is looking inside Zimmerman's jacket and touching it without gloves on. Could there be some type of evidence on the jacket that is contamindated now? Afterwards he even wiped his hand on his pants.
 

vraiblonde

Board Mommy
PREMO Member
Patron
I do question though, in this video, why the officer is looking inside Zimmerman's jacket and touching it without gloves on. Could there be some type of evidence on the jacket that is contamindated now? Afterwards he even wiped his hand on his pants.

Mitzi, stop! Seriously. You're furiously polishing the turd but it's still a big fat stinky sloppy turd.

I've never seen a woman go to the mat quite so strenuously when the match has already been called. Usually it's guys that do that.
 

MrZ06

I love Texas Road House
He wasn't arrested. They cuffed him and took him to the station for questioning. Once done, they sent him home.

That is being arrested. Once they cuff you. You are under arrest.

He was arrested but never charged. This is very common in self defense shootings.
 

awpitt

Main Streeter
That is being arrested. Once they cuff you. You are under arrest.

He was arrested but never charged. This is very common in self defense shootings.


Incorrect.

Heck, even the police said they didn't arrest him. Can't get any simpler than that.
 

thatguy

New Member
Wirelessly posted

MrZ06 said:
He wasn't arrested. They cuffed him and took him to the station for questioning. Once done, they sent him home.

That is being arrested. Once they cuff you. You are under arrest.

He was arrested but never charged. This is very common in self defense shootings.

That's just not the way it works. There are plenty of times that police cuff someone but don't arrest them.
 

MrZ06

I love Texas Road House
if he wasn't arrested does that mean he had the option to not get in the car with the police?
 

thatguy

New Member
Wirelessly posted

MrZ06 said:
if he wasn't arrested does that mean he had the option to not get in the car with the police?

Theoretically yes.

If he would have refused the police would have had to choose to arrest him or not. Refusing to cooperate would have probably made him look guilty.
 

tom88

Well-Known Member
He wasn't arrested. They cuffed him and took him to the station for questioning. Once done, they sent him home.

If you are cuffed and taken to the station.......you are arrested. You may not be charged....but you are definately arrested!!
 

awpitt

Main Streeter
I couldn't answer the survey because the option, "Zimmerman was not arrested" was not included.



Why was George Zimmerman not arrested the night of the shooting?
When the Sanford Police Department arrived at the scene of the incident, Mr.
Zimmerman provided a statement claiming he acted in self defense which at the time
was supported by physical evidence and testimony. By Florida Statute, law
enforcement was PROHIBITED from making an arrest based on the facts and
circumstances they had at the time.
Additionally, when any police officer makes an
arrest for any reason, the officer MUST swear and affirm that he/she is making the
arrest in good faith and with probable cause. If the arrest is done maliciously and in
bad faith, the officer and the City may be held liable.

According to Florida Statute 776.032 :
776.032 Immunity from criminal prosecution and civil action for justifiable use
of force.—
(1) A person who uses force as permitted in s. 776.012, s. 776.013, or s. 776.031 is
justified in using such force and is immune from criminal prosecution and civil action
for the use of such force, unless the person against whom force was used is a law
enforcement officer, as defined in s. 943.10(14), who was acting in the performance
of his or her official duties and the officer identified himself or herself in accordance
with any applicable law or the person using force knew or reasonably should have
known that the person was a law enforcement officer. As used in this subsection, the
term “criminal prosecution” includes arresting, detaining in custody, and charging or
prosecuting the defendant.
(2) A law enforcement agency may use standard procedures for investigating the
use of force as described in subsection (1), but the agency may not arrest the
person for using force unless it determines that there is probable cause that the
force that was used was unlawful.

Link: http://www.sanfordfl.gov/investigation/docs/Zimmerman_Martin_shooting.pdf
 
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JoeRider

Federalist Live Forever
That is being arrested. Once they cuff you. You are under arrest.

He was arrested but never charged. This is very common in self defense shootings.

Not quite true. It depends on the violation and event and time frame. An officer could cuff you and place you in the police car until he had things worked out - such as an accident. Different than a shooting. There is a good chance for minor offense

Here is a good example:

LIBERTY AND JUSTICE FOR Y'ALL: Investigative Detention v. Arrest
 

JoeRider

Federalist Live Forever
Part of the confusion is that it was posted earlier that if you're not free to leave, your arrested. Physically speaking that might be true; however, legally speaking, it is not. Being placed under arrest puts that person in a legal status. Which means only a judge or court commissioner can release them (bail/own recognizance) or order them held until trial. Being detained for questioning is not being under arrest.


No you can be arrested - yes they are under a legal status protected by the 4th Amendment. It does not mean only a judge or court commissioner can release. Pretense for detainment based on a possible crime is enough to consider you arrested and the 4th Amendment kicks in.

Amendment IV

The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no warrants shall issue, but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.
 
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JoeRider

Federalist Live Forever
To add to the discussion from findlaw - what really matters is the 4th Amend, not what some newspaper or Press Release wants to call it. It is an arrest.

A Fourth Amendment ''seizure'' of the person, the Court determined, is the same as a common law arrest; there must be either application of physical force (or the laying on of hands), or submission to the assertion of authority.

sourced from these cases

The Fourth Amendment applies to all seizures of the person, including seizures that involve only a brief detention short of traditional arrest. Davis v. Mississippi, 394 U.S. 721 (1969); Terry v. Ohio, 392 U.S. 1, 16 -19 (1968). "[W]henever a police officer accosts an individual and restrains his freedom to walk away, he has `seized' that person," id., at 16, and the Fourth Amendment requires that the seizure be "reasonable." As with other categories of police action subject to Fourth Amendment constraints, the reasonableness of such seizures depends on a balance between the public interest and the individual's right to personal security free from arbitrary interference by law officers. Id., at 20-21; Camara v. Municipal Court, 387 U.S. 523, 536 -537 (1967).
 

JoeRider

Federalist Live Forever
The red herring presented is the word "arrest" used to imply that the police conspired not to apply the law when they should have. It would have been in the best interest of the states attorney to press charges without the arrest and let the courts sort out the true nature of things and would likely have the case dismissed.
 
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