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Abused By Illusions

Wednesday, December 15, 2004
Police Need Not Say Why Arrest Made: U.S. High Court Overview
Police Need Not Say Why Arrest Made: U.S. High Court Overview
Dec. 13 (Bloomberg) -- Police officers don't have to give a reason at the time they arrest someone, the U.S. Supreme Court said in a ruling that shields officers from false-arrest lawsuits.

The justices, voting 8-0, threw out a suit against Washington state police officers who stopped a motorist and then told him he was being arrested for tape-recording their conversation. Although the recording was legal, the high court said the arrest was valid because the man could have been arrested instead for impersonating a police officer.

In an opinion for the court, Justice Antonin Scalia said the officers didn't have to provide a reason for arresting the man at all, as long as they had probable cause to do so.

``While it is assuredly good police practice to inform a person of the reason for his arrest at the time he is taken into custody, we have never held that to be constitutionally required,'' Scalia wrote


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