Can someone be arrested, fingerprinted, and photographed without being booked or put on a 24-hour hold?

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Can someone be arrested, fingerprinted, and photographed without being booked or put on a 24-hour hold?

After being arrested by a local department, I wastransported to the county. The officer whom transported me wanted me fingerprinted and photographed. The county officers insisted numerous times that this could not be done, only if booked or 24 hour hold. Their system would not allow them to do this. Eventually, the county officers figured a way to get around their system, and I was then fingerprinted and photographed. After I was immediately let go (released).

Asked on February 1, 2011 under Criminal Law, Missouri

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 13 years ago | Contributor

I am a little confused here.  For all intensive purposes you were "booked" if you were fingerprinted and photographed. What really went on here is a mystery.  So I would not wait much longer to hire an attorney to look in to what happened.  Those prints and photograph are hanging around in the ""system" somewhere and I am not very comfortable with that in the least.  And how did the officer "get around" the actual process of bookingyou anyway?  This is a serious misuse of power to me and I think that public policy would also lean in this direction. Get an attorney as soon as you can.  Good luck.


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