Unarrested

[BigL]

My brother is retired LEO and I've never heard of unarresting someone before. Is this common?

I was talking to a Wilco officer recently and he mentioned they had to take someone they arrested on a parole violation to the hospital. So instead of having to stay at the hospital, they unarrested the person and left him at the hospital and said they would re-arrest him sometime during the week when they can find him again.

[txhunter90]

My brother is retired LEO and I've never heard of unarresting someone before. Is this common?

I was talking to a Wilco officer recently and he mentioned they had to take someone they arrested on a parole violation to the hospital. So instead of having to stay at the hospital, they unarrested the person and left him at the hospital and said they would re-arrest him sometime during the week when they can find him again.

If they arrest him, they have to have an officer sit with him until he gets out of the hospital. Depending on the charge vs. the cost to the department have someone sit for however long he is there. Must not be to bad of a charge to not arrest him there.

[J-Carp]

Unarresting people happens from time to time for various reasons. One of those reasons would be when someone has to be admitted to the hospital. That’s not an every time thing, just depends on projected time of stay and charge(s). Another reason would be an unlawful arrest or a case of mistaken identity which happens sometimes with siblings and parents who decide to name their twins the same name with different spellings.

The process is a matter of getting with a magistrate and explaining yourself. Not a big deal, just not something you want to make a habit of.

[WItoTX]

Do they un-read you your Miranda rights?

[andre3k]

Happens all the time for various reasons. I would always get people for out of county warrants and the agency that issued the warrant doesn't want to extradite. You take off the cuffs and send them on their way. They are unarrested.

Sitting on prisoners at the hospital eats up a lot of staffing. I can see them letting a parole violator make it until he's discharged.

[glen]

Yep. Fairly common. Has been for many years

[Quackerbox]

We do it all the time. For the reasons mentioned above. And if whomever needs arresting is injured and has the possibility of getting dead. If you arrest them the agency is required to pay to house them and provide medical care. If they arent in custody we arent paying.

Do they un-read you your Miranda rights?

In 23 years, I have mirandized two people. Its not a requirement.

[Jon Stewart]

Do they un-read you your Miranda rights?

Don't need to read anyone their Miranda rights when picked up on a parole violation order or a warrant unless you want to speak with them about a crime.

People don't get un-arrested but they do get released from custody as was done in the case the OP mentioned.

[WItoTX]

We do it all the time. For the reasons mentioned above. And if whomever needs arresting is injured and has the possibility of getting dead. If you arrest them the agency is required to pay to house them and provide medical care. If they arent in custody we arent paying.




In 23 years, I have mirandized two people. Its not a requirement.

My comment was in jest...I was wondering how that would go. "You have the right to run your mouth..."

[bigchiefj]

I think Smith County released a man from jail because he had cancer and the county didn't want to pay for his treatments.

[Jon Stewart]

I think Smith County released a man from jail because he had cancer and the county didn't want to pay for his treatments.

The sentencing judge has to draw up a court order for anyone he sentenced to be released. If this happened I am sure the Sheriff made the request to the judge for the suspect to be released.

[CEO]

Will the hospital give you a courtesy call when he's about to walk out the door?

[tvc184]

We do it all the time. For the reasons mentioned above. And if whomever needs arresting is injured and has the possibility of getting dead. If you arrest them the agency is required to pay to house them and provide medical care. If they arent in custody we arent paying.


In 23 years, I have mirandized two people. Its not a requirement.

I smoked you! In 37+ years I have read Miranda so many times to people in custody.


I think about 10 times.

Mostly from about 6 years in investigations.

I might have told the story in another thread but I arrested a guy so many years ago and on the way to jail he said something like, I have criminal charges against you.

Huh?

You didn’t read me my rights and I am pressing charges!


Got to love television…..

[tvc184]

Will the hospital give you a courtesy call when he's about to walk out the door?

Sure.

[Fishndude]

Cool! I'll try un-speeding some time.