Police Powers To Take Photographs In Custody
If you’ve been arrested or are detained under suspicion of having committed a crime for which you could be put in prison, the police have the power to take photographs of you. They will take standard photographs known as ‘mug shots’.
If you’re released without being charged, or the charge against you is dropped, or you’re found not guilty by a court, then the photographs will be destroyed by the police. If you’re charged, the photographs will be kept until you go to court. If you’re found guilty, the photographs will be kept with your criminal record.
Extra Custody Rights Of Children And Young People Under 18
If you’re under 18 the police have to take extra steps to ensure your safety and wellbeing.
You have the right to:
- remain silent
- a lawyer and legal aid
- interpretation and translation
Access to a lawyer at the police station is free for everyone.
You can either:
- ask the police to contact a particular lawyer. The police will phone them for you, or
- ask for a duty solicitor, if you don’t have a lawyer. Duty solicitors give legal advice to people in custody. The police will call them for you.
If the police can’t contact the lawyer you’ve named, they will contact a duty solicitor.
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When someone is missing, family and friends will be quite concerned. Authorities have realized that a key element of the law must be to notify the public of the location of someone arrested. Here is how to locate someone who has been arrested.
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Checking If Someone Has Been Arrested Or Getting A Message To Them
We receive a number of calls from concerned relatives or friends or people wanting to find out if someone is in custody or even asking to speak to someone who has been arrested. Please do not contact us in these circumstances.
Due to the requirements of the Data Protection Act we will not be able to confirm whether someone is in police custody. We are also unable to allow you to speak to a person under arrest or to pass a message onto them.
Please be reassured that people held in custody are reminded of their legal rights and entitlements which include access to legal advice, the right to have somebody informed of their location and access to health care provisions if required.
If you need to contact the police about someone in custody who is under 18-years old, or you have received a message to contact a custody suite in relation to this, then please contact us by using our Live Chat facility, which can be accessed by clicking the button on the right of the screen. You can see our chat opening hours here. If Live Chat is unavailable call us on 101. Someone will then be able to help you.
What if I am still concerned about someone?
If you do not know where someone is and this behaviour is out of character, the person may be subject of crime or they are at risk of harm to themselves or someone else you can report them as missing to us.
Contacting A Bond Agent
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Your Rights When Being Questioned
The police may question you about the crime youre suspected of – this will be recorded. You dont have to answer the questions but there could be consequences if you dont. The police must explain this to you by reading you the police caution:
You do not have to say anything. But, it may harm your defence if you do not mention when questioned something which you later rely on in court. Anything you do say may be given in evidence.
Locating Someone In Custody
If your friend or loved one has just been arrested or detained by the police, they may be held in police lock up. Please contact police in the community in which they were arrested or detained.
Following their first court appearance, they may be held in a provincial correctional centre. If the person you are looking for is in provincial custody the Ministry of Public Safety and Solicitor General can pass on a message to your loved one or friend, who can then contact you. However, they cannot tell you where your loved one or friend is located because privacy laws require that information be kept confidential.
To leave a message you may call 1 888 952-7968 during regular business hours. Be sure to have the full name and birth date of the person you are looking for.
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How To Find An Inmate In The First 3 Days Since Their Arrest
The agency who is holding your loved one will depend on where they were arrested, not where they live:
- In the City of Los Angeles. You can call any time, 24 hours a day. This number works for both LAPD arrests and LASD arrests. You will need to provide the full legal name of the person in order to get information. If you have their full name, you can find out if they were arrested and where theyre being heldand how to contact them.
- Other cities and townships. If the city is within Los Angeles County, its possible that the LASD carried out the arrest. In that case you can still call the same number, . If LASD did not do the arrest, however, you will need to look up the number of the local police department and call them directly.
- The LASD also offers an online lookup. Simply and enter the information.
Last, be aware that DUI arrests are different from many other offenses because so many of them are carried out by the California Highway Patrol . If it has been more than 2 hours since the arrest and you cant find your loved one at any of the numbers above, you could try calling the CHP station nearest to the arrest and asking them. You can find local CHP stations here.
Contact A Local County Jail
It is best to contact the county jail in the area where you believe someone you know has been arrested if you have reason to believe that they have been detained.
They will be able to tell you whether or not the person you are looking for is currently in the custody of the county jails staff.
If you go to the county website and look for the inmate search page, you should be able to find the information you need in most cases.
You will typically be able to search for an inmate by their name or booking number once you have found this page, so be sure to bookmark it.
If the person you are looking for is currently in police custody, this is an excellent method of discovering their whereabouts.
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Will You Be Searched And What Happens To Your Property
Anyone who is arrested and held under police custody will be searched.
Everything in your possession will be taken from you and be kept by the police custody officer while youre in the cell.
Your mobile phone, bag and anything in your pockets will be held, and you will also be asked to remove your belt and shoelaces.
This is done for safety and security reasons and to ensure your own safety and the safety of employees.
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Custody Checklist The A Question
When arrested the custody sergeant will go through a checklist to assess the welfare of the detainee. It contains questions about mental health but does not ask about autism. A number of autistic people and their families feel very strongly that this is a huge oversight as police will be unable to identify their specific needs.
However a police officer that I contacted argued that it would be impossible to include every disability in the checklist, and ethically impossible to exclude some. In addition, the terminology used may cause confusion: autism, Asperger syndrome or ASD/ASC? A very literal autistic person may only respond affirmatively to the term that they use.
Whilst accepting this very experienced officer`s point to an extent, the current situation does not appear to be fair and is not meeting the needs of a very vulnerable group of people.
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Check Out Whos Around When You Arrive
When you arrive at the police station, take a second to look around and see who is there. Scan the area for uniforms, patrol cars, or other signs that law enforcement may be present. If there are no signs of nearby police, you may be safe to enter the station. However, if you see signs of law enforcement, such as a marked patrol car or uniforms, you may be noticed and brought into custody. If you see police and theres no one nearby, you may be safe to enter the station and look around.
Supporting Autistic People In Police Custody
Patrick Sims, a freelance autism writer explores how police officers can support autistic people in police custody and those that are witnesses. The article highlights key areas such as sensory sensitivities, differences in body language and communication, and the impact on the family.
When someone is arrested, emotions can run high. People often find the whole experience traumatising regardless of the outcome. If you are autistic the effects of this interaction can be long lasting and far reaching – for you and your family.
This article will examine what processes and protocols may help police officers when they are working with autistic people as suspects, victims or witnesses. It will also highlight any systems and safeguards in place to protect autistic and other vulnerable people.
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Know When To Call An Lawyer Or A Detained Persons Advocate
If you know someone who is arrested, you should call an attorney or a detained persons advocate right away. If you wait too long, the right to know their whereabouts will be lost and they may not be able to let anyone know where they are. When you call an attorney or a detained persons advocate, they may be able to let you know what is going on with your loved one. They will also likely be able to let you know if your loved one has the right to call you and let you know where they are. If you dont have anyone you can call for help, you should call the police and let them know that you want to speak with someone who can help you find out if your loved one is in police custody.
How Long Can Ice Hold A Detainee
The detention process involves many steps. If local police detain an immigrant for a suspected crime, ICE can request that the local agency hold them for 48 hoursnot including weekends/holidayspast the time they would otherwise be released from custody. If approved, the hold grants immigration officials to take the individual into their custody and then transfer them into ICE custody. If after an ICE investigation the immigrant is found to have legal status, they will be released. If the investigation reveals that they came into the United States illegally, reentered the country after prior removal proceedings, or overstayed their visa, they will be transferred to federal custody. ICE will then initiate removal procedures including a hearing in immigration court.
It is highly advised to have a deportation lawyer assist you if ICE begins removal proceedings. Should ICE not get you within the 48 hours the hold was placed, you have the right to be released. Get help immediately from an attorney if you are not being released in such a case.
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How To Find Out If Someone Has Pressed Charges Against You
TV shows and movies notwithstanding, it isnt the victim or police officers who can press charges against you. Only a federal, state or municipal attorney acting as a prosecutor can decide to charge you based on evidence supplied by the police and a victim. Even if victims decide that they dont want to press charges, its not in their hands. A prosecutor can charge others with crimes whether or not a victim cooperate.
Under Maryland criminal law, offenses, murder, manslaughter, and unlawful homicide have no time limit, or statute of limitations, under which you can be charged. Crimes like first-degree arson, second-degree murder, and tax-related offenses have a three-year limit. Misdemeanors like unlawfully using a drivers license or child pornography typically have a two-year limit.
What Information Is Collected When You Use The Detainee Locator System
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What Determines If A Suspect Is In Police Custody
Custody occurs when someone is arrested, or under other circumstances where the suspect submits to the authority of a police officer. In making the determination of whether a suspect is in custody, a court looks at the circumstances of the custody, not the opinions of either the person being questioned or the officers.
Ultimately, every relevant circumstance surrounding the situation will play a role in determining custody. Common factors include:
- Informed: Whether the suspect is informed that the questioning is voluntary, that he is not under arrest, and that he is free to leave, or to the contrary.
- Freedom of Movement: Whether the suspect is free to move about without remaining in the presence of law enforcement.
- Consent: Courts will look to who initiated the contact, and if the suspect willfully provided information.
- Accusatory: The degree to which the suspect is confronted with evidence of his guilt.
- Oppressive: Whether the police dominated the atmosphere of the questioning.
Jail And Custody Information
What is the procedure for posting bail?Bail can be posted at Los Angeles Police Department Jails 24 hours a day. Bail may be posted in:
- Valid Surety Bond
- Cashiers check made payable to the Los Angeles Police Departments Bail Account and drawn on a Californiabank.
- Western Union or US Postal Money Orders
What are the hours of operation for LAPD jails?The Los Angeles Police Department Jails operate 24 hours a day.
Where and when will an arrestee go to court?The court arraignment location is determined by two factors: where a person was arrested and the type of charge filed against him/her. Please call the concerned jail facility for more information.
Where will an arrestee be sent after he/she goes to court?Arrestees who remain in custody after arraignment are remanded to the custody of the Los Angeles County Sheriffs Department.
Is there a telephone number I can call to find out if someone is in jail?The public can call 213-473-6100, 24 hours a day to find out if a person is in custody. Callers can obtain information on anyone who is in custody at jails operated by either the Los Angeles Police Department or Los Angeles County Sheriffs Department.
How many visits can an arrestee have?Arrestees may have one visit a day by a friend or family member during established visiting hours. An attorney, bail bondsperson, or member of the clergy may visit anytime.
What are the locations and telephone numbers of the Los Angeles Police Departments jails?
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I Think Someone I Know Has Been Arrested How Can I Find Out And Can I Speak To Them
The police are not usually allowed to inform anyone of the fact that a person has been detained without their express permission.
When someone is arrested and brought to a police station, providing they are able to understand, they will be asked if they wish to have someone informed of their arrest. If they do not wish to have someone informed of their arrest the police will not normally go against their wishes. Usually the detained person will be able to make a telephone call to someone that they wish to speak to once they have been processed on arrival at the police station.
There are some exceptions to this, where the person who has been arrested is under 18 years of age we are obliged to contact a parent or guardian . Also if the person appears to be unwell or in need of medical attention we may also contact someone who can provide further information about their medical history or ongoing medication so that their medical needs are properly met whilst in custody.
If someone who is in custody does want you to be informed of their arrest the custody staff will not give you information about how the police are progressing with their investigation.