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Re:A man who was jailed on the fantasy evidence of a single ... by cmdkeen on Wednesday June 24, 2015 @09:34AM (#9771415)
But that is how arresting in England and Wales is supposed to work. The standard of suspicion to arrest someone is pretty low because it affords the police time to question a suspect, obtain DNA and fingerprint samples, search your house etc.

The problem we have is when the investigating officer gets focused on a suspect thanks to forensic evidence to the exclusion of other suspects. The CSI effect is real and strong, in reality in many cases there is little to no useful forensic evidence at all.

Re:A man who was jailed on the fantasy evidence of a single ... by dmd on Wednesday June 24, 2015 @09:42AM (#9771470)
Re:A man who was jailed on the fantasy evidence of a single ... by jbattle on Wednesday June 24, 2015 @09:39AM (#9771444)
How long can they hold you while fishing for evidence?
Re:A man who was jailed on the fantasy evidence of a single ... by cmdkeen on Wednesday June 24, 2015 @09:59AM (#9771585)
In England the justification has to be approved by a Custody Sgt initially that gives up to 24 hours. A more senior officer has to review the continued detention from the 6 hour mark up to 24. A Superintendent or above can authorise up to 36 hours. Beyond that a Magistrate can authorise up to 96 hours in 36 hour blocks. During this time the individual has access to legal advice, where the reasons for continued detention have to be provided and the evidence thus far collected explained (again unless a very senior signs off on why not).

Unless you're been arrested for a very serious crime, in which case you're going to be defended for free by a very experienced QC who will tear apart dodgy process, you are likely to be arrested for a handful of hours. The exceptions would be being held overnight, if you're drunk/high and thus incapable of being interviewed etc.

Things are slightly different in Scotland where you get detained not arrested, but the principles are broadly the same. UK policing as a whole has been through periods of dodgy processes and huge reforms in the wake of them. There are likely to be very few criminal justice systems in the world I'd rather interact with than the UK one, especially if I were accused of a serious crime.

Edit to add - plus the premise of "fishing" implies there is no existing evidence. The initial justifications for the arrest have to be supplied at the start, and "it might have been him" won't pass muster.

Re:A man who was jailed on the fantasy evidence of a single ... by kbenson on Wednesday June 24, 2015 @11:46AM (#9772408)
> plus the premise of "fishing" implies there is no existing evidence.

I'm not sure where you get that from. I would assume you fish where you expect to find something, and my interpretation of the many places "fishing" is used (or even "phishing" to a lesser degree), is that it's done where you expect some payoff. Maybe you're thinking of the phrase "he's just fishing", which while often used by people to describe someone searching for something, often fruitlessly, generally the person searching is doing it with the expectation they will find something.

Re:A man who was jailed on the fantasy evidence of a single ... by cmdkeen on Wednesday June 24, 2015 @03:18PM (#9773847)
In a legal context there is the concept of a "fishing expedition" which is more of a looking for evidence when there isn't sufficient underlying evidence to justify the intrusive methods being asked for.
Re:A man who was jailed on the fantasy evidence of a single ... by kbenson on Wednesday June 24, 2015 @03:46PM (#9774022)
Ah, you meant "existing evidence" as in "currently existing evidence", while I interpreted it as "there exists evidence".
Re:A man who was jailed on the fantasy evidence of a single ... by mavdi on Wednesday June 24, 2015 @10:21AM (#9771739)
They kept me for about 6 hours. Mainly because I phoned up a lawyer and told them I wouldn't be speaking to them unless he arrived. Took the lawyer a few hours to get there.
Re:A man who was jailed on the fantasy evidence of a single ... by fnordfnordfnord on Wednesday June 24, 2015 @09:51AM (#9771534)
Years, according to the New York City Department of Corrections.
Re:A man who was jailed on the fantasy evidence of a single ... by jeffdavis on Wednesday June 24, 2015 @12:01PM (#9772501)
It's not really fishing. They had forensic evidence for a specific crime, used it to find him (the suspect), conducted their investigation, cleared him of that crime, and let him go.

Fishing is where you pick someone first, then go looking for evidence of any crime.

Re:A man who was jailed on the fantasy evidence of a single ... by spacemanmatt on Thursday June 25, 2015 @01:35PM (#9779515)
It's still fishing if the forensic evidence does not justify the investigation. For example, a thumb print on a telephone book, but not on a doorknob or anywhere else that might suggest there's a reason to think the thumb print was any less than casual/innocent.
Re:A man who was jailed on the fantasy evidence of a single ... by strategichorse on Wednesday June 24, 2015 @09:47AM (#9771507)
24 hours. Can apply for up to 96 hours for a serious crime. Or 14 days under the Terrorism Act