Thursday, September 25, 2008

Public Service Crime Prompt (Updated)

Here's a public service crime prompt sent in via email by Sharmaine's Secret:

Ladies, you may want to forward to any female relatives who may need to know this important information.

I was talking with a lawyer friend of mine. We were discussing the law and
women`s rights. She told me about this incident - a young girl was raped by
a man posing as a plain clothes officer; he asked her to come to the police
station when she and her male friend didn ' t have a driver`s license to
show. He sent the boy off to get his license and asked the girl to accompany
him to the police station. Took her instead to an isolated area where the
horrendous crime was committed.

Infact, the law clearly states that between 6 pm and 6am, a woman has the
right to REFUSE to go to the Police Station, even if an arrest warrant has
been issued against her. It is a procedural issue that a woman can be
arrested between 6pmand 6 am , ONLY if she is arrested by a woman officer
and taken to an ALL WOMEN police station. And if she is arrested by a male
officer, it has to be proven that a woman officer was on duty at the time of
arrest.

It is good for us to know our rights. To what extent it comes of use remains
to be seen in any situation. But as they say, knowledge is power. Just
thought I`d share this with you.

I did not know this and am sure lot of us will not know this- please be
informed...


(Update: Oops. There's a chance that this may just be a hoax. To The Tale And Other Concerns left a comment on the PGS Multiply, leaving these two links. So, take it with a grain of salt, folks).

2 Comments:

Blogger Pipe said...

OK, if a warrant has been issued for your arrest, whether you are a man or a woman, you can be arrested at any time by any police officer.

However, without a warrant there are only three cases where you can be arrested, (I'll paraphrase a bit here): (1) when the arresting person sees you are committing, have just committed or are attempting to commit a crime; (2) a crime has in fact been committed and the arresting person has personal knowledge of facts that lead him to have probable cause to believe you were the one who committed the crime; (3) if you are an escaped prisoner. Note in any of the three cases above, a person doesn't have to be a police officer to arrest you.

In the situation you gave, as there was no warrant and no crime was being committed (driving without a license, while a violation of ordinances, doesn't fall under the legal-technical definition of 'crime') the girl (and the boy) could still have refused to accompany the police officer. They could not be placed under arrest - but this had nothing to do with gender or time of day.

Added note: It is a SEARCH warrant which, unless specified in the warrant, can not be executed during the day.

- Pao

3:37 PM  
Blogger pgenrestories said...

Hey, Pao! Thanks for this extra info. I'm sure it'll come in handy and useful in case one gets into such a situation. TY again!

9:10 AM  

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