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re: Now that Nick Marshall will be suspended, who is the best QB in the SEC?

Posted on 7/12/14 at 2:35 pm to
Posted by Prof
Member since Jun 2013
42621 posts
Posted on 7/12/14 at 2:35 pm to
quote:

He wasn't arrested


He was detained for a while (for his own safety according to one article aka so the buzz could wear off). That is an arrest. The moment you're not free to leave you're under arrest.
This post was edited on 7/12/14 at 2:36 pm
Posted by CNB
Columbia, SC
Member since Sep 2007
95882 posts
Posted on 7/12/14 at 2:40 pm to
quote:

He was detained for a while (for his own safety according to one article aka so the buzz could wear off). That is an arrest. The moment you're not free to leave you're under arrest.


Detained =/= arrested


By that logic anytime you're pulled over for speeding, you're being arrested.
Posted by wadewilson
Member since Sep 2009
36506 posts
Posted on 7/12/14 at 2:43 pm to
quote:

He was detained for a while (for his own safety according to one article aka so the buzz could wear off). That is an arrest. The moment you're not free to leave you're under arrest.


Was he read his Miranda rights? If he wasn't read his rights, he's not under arrest.
Posted by Prof
Member since Jun 2013
42621 posts
Posted on 7/12/14 at 2:43 pm to
quote:


Detained =/= arrested


By that logic anytime you're pulled over for speeding, you're being arrested.



No. With a speeding ticket you're not detained for any length of time and after the officer finishes the paper work you're free to go. Technically speaking you could argue an arrest is a stop but that's not what I'm arguing.

Posted by 42NDTN
Memphis
Member since Jul 2014
51 posts
Posted on 7/12/14 at 2:47 pm to
In Tennessee, once blue lighted by police, this ism considered a seizure pursuant to Tennessee's 4th Amendment Jurisprudence. However, I can't really speak for Alabama. But technically, once you realize that your liberty has been restrained, and you're not free to leave, you have been seized under the US 4th Amendment.
But, there is a big difference in the eyes of the law between being seized and arrested.

With that being said, Justin Worley!
Posted by Prof
Member since Jun 2013
42621 posts
Posted on 7/12/14 at 2:49 pm to
quote:

Was he read his Miranda rights? If he wasn't read his rights, he's not under arrest.


Miranda rights aren't read at every arrest nor do they have to be - SCOTUS has actually done quite a number on Miranda. Miranda warnings are typically read post-arrest and prior to formal questioning at the jail. For example, if you're arrested for DUI, underage drinking, disorderly conduct etc., they don't typically give you a Miranda warning unless or until they need to formally question you (which is usually never).
Posted by CNB
Columbia, SC
Member since Sep 2007
95882 posts
Posted on 7/12/14 at 2:54 pm to
quote:

With a speeding ticket you're not detained for any length of time and after the officer finishes the paper work you're free to go.


Contradictory statement
Posted by N97883
New Dehli Forsyth GA
Member since Nov 2013
8062 posts
Posted on 7/12/14 at 2:57 pm to
quote:

No. With a speeding ticket you're not detained for any length of time and after the officer finishes the paper work you're free to go. Technically speaking you could argue an arrest is a stop but that's not what I'm arguing.


If the officer pulls you over you are not free to go, you are detained. If he stops you because he wants to ask you some questions because he is suspicious of something, he is detaining you but you are not arrested.

If NM was detained but not arrested then he was not arrested. Nothing more to it.

Posted by Prof
Member since Jun 2013
42621 posts
Posted on 7/12/14 at 3:03 pm to
Oh you consider the time it takes to write a ticket lengthy? Or are you arguing that you are in fact seized or detained for a lengthy period upon being stopped? See 42's explanation of seizure.
Posted by CNB
Columbia, SC
Member since Sep 2007
95882 posts
Posted on 7/12/14 at 3:04 pm to
I'm arguing that detained is not the same as arrested.
Posted by WDE24
Member since Oct 2010
54132 posts
Posted on 7/12/14 at 3:05 pm to
Prof, detained and arrested aren't equivalent. You are wrong. There are many instances of legal detention/seizure that does not result in an arrest.
This post was edited on 7/12/14 at 3:08 pm
Posted by wadewilson
Member since Sep 2009
36506 posts
Posted on 7/12/14 at 3:06 pm to
Well anything beyond booking questions is inadmissable if a suspect has not been mirandized.
Posted by diddydirtyAubie
Bozeman
Member since Dec 2010
39829 posts
Posted on 7/12/14 at 3:08 pm to
Marshall didn't do anything to get suspended.
Posted by MenloDawg
Member since Jan 2010
6719 posts
Posted on 7/12/14 at 3:09 pm to
He won't be suspended. It's just funny to make fun of AU b/c it's Nick Marshall. And b/c 2 seniors got in trouble for weed while in vehicles over the last month. One just gave a speech at a DARE program and the other was about to represent the team at SEC Media Days. Even if they're not going to be leaders, you would expect your seniors to be smarter when vying for a national title.
Posted by dallasga6
Scrap Metal Magnate...
Member since Mar 2009
25660 posts
Posted on 7/12/14 at 3:09 pm to
quote:

I don't think Marshall will be suspended. Pretty much because he wasn't arrested TBH.


Do you think Gus will drug test NM as soon as he gets back on campus? If not, why? Do you think he should?

Posted by tylerdurden24
Member since Sep 2009
46449 posts
Posted on 7/12/14 at 3:26 pm to
quote:

Ricky Parks is obviously too dumb to realize he was given at least two chances that we know about


I'm gonna go ahead and assume that Marshall's theft from teammates while at UGA doesn't roll over to Auburn?
Posted by semotruman
Member since Nov 2011
23179 posts
Posted on 7/12/14 at 3:27 pm to
He should be tested. Immediately, and repeatedly. Whether he will be or not...
Posted by GoCrazyAuburn
Member since Feb 2010
34877 posts
Posted on 7/12/14 at 3:30 pm to
quote:

I'm gonna go ahead and assume that Marshall's theft from teammates while at UGA doesn't roll over to Auburn?


It probably did initially.
Posted by auburnphan23
Member since Jan 2014
5862 posts
Posted on 7/12/14 at 3:34 pm to
quote:

He should be tested. Immediately, and repeatedly. Whether he will be or not...



I am certainly not an expert on drugs, but doesn't weed stay in your system for around a month? He had probably been smoking some of the stash he was caught with and it would show up as positive
Posted by diddydirtyAubie
Bozeman
Member since Dec 2010
39829 posts
Posted on 7/12/14 at 3:36 pm to
quote:

He should be tested. Immediately, and repeatedly. Whether he will be or not...


Lowder bought Marshall a fake penis filled with Lowder's urine.
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