# Why were Pedro and Onil Castro Arrested? **URL:** \ **Category:** Factual Questions\ **Created:** [May 8, 2013, 10:05pm UTC](https://boards.straightdope.com/t/why-were-pedro-and-onil-castro-arrested/657845 "2013-05-08T22:05:49Z")\ **Posts on this page:** 20\ **Page:** 3
**Author:** ![madsircool](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/madsircool/32/3432_2.png) [@madsircool](https://boards.straightdope.com/u/madsircool)\ **Post date:** [May 11, 2013, 5:20am UTC](https://boards.straightdope.com/t/why-were-pedro-and-onil-castro-arrested/657845/41 "2013-05-11T05:20:53Z")
Its pretty hard to believe that family members would have been kept in the darkfor 10 years; its a 1400 sq foot house…being able to prove it is another matter. The family has not been exonerated in any way. The death penalty was made for this guy; his very survival will trigger anxoety for the rest of his victims lives. ---
**Author:** ![Lord\_Feldon](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/lord_feldon/32/341_2.png) [@Lord\_Feldon](https://boards.straightdope.com/u/Lord_Feldon)\ **Post date:** [May 11, 2013, 5:22am UTC](https://boards.straightdope.com/t/why-were-pedro-and-onil-castro-arrested/657845/42 "2013-05-11T05:22:49Z")
> [@madsircool](#): > > The death penalty was made for this guy How so? [Nobody](http://www.guardian.co.uk/world/2013/may/10/ohio-prosecutors-ariel-castro-death-penalty) in the history of the United States has ever been sentenced to death for murder when the victim was an embryo or fetus, and the death penalty isn’t allowed for kidnapping or rape. ---
**Author:** ![Magiver](https://avatars.discourse-cdn.com/v4/letter/m/4491bb/32.png) [@Magiver](https://boards.straightdope.com/u/Magiver)\ **Post date:** [May 11, 2013, 5:34am UTC](https://boards.straightdope.com/t/why-were-pedro-and-onil-castro-arrested/657845/43 "2013-05-11T05:34:11Z")
> [@ZipperJJ](#): > > That is actually completely legal. Do you want the cops coming to investigate your sexual kinks performed on your private property? (And yes I am horrified that the women went through that, if they did) No, kidnapping is not completely legal. If the brothers were involved in this manner then they are complicit in the crime. ---
**Author:** ![madsircool](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/madsircool/32/3432_2.png) [@madsircool](https://boards.straightdope.com/u/madsircool)\ **Post date:** [May 11, 2013, 6:40am UTC](https://boards.straightdope.com/t/why-were-pedro-and-onil-castro-arrested/657845/44 "2013-05-11T06:40:03Z")
> [@Lord\_Feldon](#): > > How so? [Nobody](http://www.guardian.co.uk/world/2013/may/10/ohio-prosecutors-ariel-castro-death-penalty) in the history of the United States has ever been sentenced to death for murder when the victim was an embryo or fetus, and the death penalty isn’t allowed for kidnapping or rape. Because of the heinousness of the crime; and the suffering of the victims. The law can occasionally be wrong. ---
**Author:** ![Isilder](https://avatars.discourse-cdn.com/v4/letter/i/cc9497/32.png) [@Isilder](https://boards.straightdope.com/u/Isilder)\ **Post date:** [May 11, 2013, 9:57am UTC](https://boards.straightdope.com/t/why-were-pedro-and-onil-castro-arrested/657845/45 "2013-05-11T09:57:10Z")
> [@Lord\_Feldon](#): > > How so? [Nobody](http://www.guardian.co.uk/world/2013/may/10/ohio-prosecutors-ariel-castro-death-penalty) in the history of the United States has ever been sentenced to death for murder when the victim was an embryo or fetus, and the death penalty isn’t allowed for kidnapping or rape. But its only relatively recent that causing miscarriage, even by assault and obviously deliberate and premeditated, is considered murder. It was only the harm to the women that could be prosecuted over.. I guess its a new law.. a test case. The lack of previous use of a law doesn’t prevent a new law being used the first time.. How else can a new law be used ? Well this is a new use of the law. Did any prosecutor ever try for the death penalty over 5 murders by inducing miscarriage ? ---
**Author:** ![Isilder](https://avatars.discourse-cdn.com/v4/letter/i/cc9497/32.png) [@Isilder](https://boards.straightdope.com/u/Isilder)\ **Post date:** [May 11, 2013, 10:00am UTC](https://boards.straightdope.com/t/why-were-pedro-and-onil-castro-arrested/657845/46 "2013-05-11T10:00:12Z")
> [@LMarie](#): > > LEO? > > If they were all together when Ariel was captured and the two brothers were allowed to walk, the public would go insane. As it stands now, despite their release, it’s difficult to believe that they knew nothing of their brother’s crimes. Yes, it’s possible and I accept that they are innocents wrongly arrested, just sayin’…10 years!? I never woke up to find my two brothers searching my house from attic to basement.. did you ? ---
**Author:** ![JBDivmstr](https://avatars.discourse-cdn.com/v4/letter/j/b4bc9f/32.png) [@JBDivmstr](https://boards.straightdope.com/u/JBDivmstr)\ **Post date:** [May 13, 2013, 1:54am UTC](https://boards.straightdope.com/t/why-were-pedro-and-onil-castro-arrested/657845/47 "2013-05-13T01:54:59Z")
> [@Isilder](#): > > I never woke up to find my two brothers searching my house from attic to basement.. did you ? I would be willing to bet that you also don’t have some of the interior doors locked, the majority of the time, either. :rolleyes: ---
**Author:** ![Musicat](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/musicat/32/20189_2.png) [@Musicat](https://boards.straightdope.com/u/Musicat)\ **Post date:** [May 13, 2013, 1:59am UTC](https://boards.straightdope.com/t/why-were-pedro-and-onil-castro-arrested/657845/48 "2013-05-13T01:59:41Z")
> [@April\_R](#): > > and that went uninvestigated? :rolleyes: It’s _Cleveland_, dude. If no one answers the door, the complaint is dismissed. ---
**Author:** ![JBDivmstr](https://avatars.discourse-cdn.com/v4/letter/j/b4bc9f/32.png) [@JBDivmstr](https://boards.straightdope.com/u/JBDivmstr)\ **Post date:** [May 13, 2013, 2:46am UTC](https://boards.straightdope.com/t/why-were-pedro-and-onil-castro-arrested/657845/49 "2013-05-13T02:46:25Z")
> [@lawbuff](#): > > If you were arrested in violation of the 4th AM, consult a lawyer. Yeah, right. :rolleyes: And what, exactly, is _ **that** _ going to accomplish? Other than, cost me time and money, with the end result being diddly squat. I take it, you’ve never had much dealings with LEO’s, have you? :dubious: > [@BigT](#): > > You really think it would be done in a way that was actually illegal? “He was free to go the whole time, I swear” or “He was charged with disorderly conduct” or some other stupid charge that doesn’t really have any requirements. > > Who is the judge going to believe, the miscreant or the guy he plays golf with every Sunday? > > And that’s not even counting the fact that it was obviously a long time ago. Flippant remarks like yours are not helpful in the slightest. Case in point, I happened to walk into a neighborhood ‘beer joint’ (ice house) early one evening during the middle of a ‘raid’. The ‘raid’ was ostensibly because the bartender was serving alcohol to ‘intoxicated’ people. I didn’t even know that was what was going on, when I approached the door. There was a uniformed officer standing in the open doorway, and as I walked up he moved out of the way so that I could enter. (My first thought was that perhaps the convenience store a couple of blocks away had been robbed, and the LEO’s were canvassing the area, looking for the ‘perps’.) As I walked up to the bar, a LEO in ‘plainclothes’ approached me and asked “What do _ **you** _ want?” Well, hell’s bells, it’s an ice house/beer joint, so I stated the obvious, “I want a beer.” He said, “Have you got an ID?” “Yeah, sure.” (I was kind of young at the time, 23 or so.) After I produced my DL and he examined it for a few seconds, he then said, “Put you hands on the bar, and don’t move.” “Why?” “You’re under arrest.” “What in the world, for?!” 😕 “Public intoxication.” “Sir, I haven’t even had a beer, yet.” (I had just got off of work and hadn’t even consumed any alcohol. Besides the fact, that I wasn’t ‘_ **in** _ public’.) ☹ At this point, I was getting a little ‘peaved’, if you know what I mean, so I stated, “I want to take a ‘sobriety test’, I am _ **not** _ intoxicated!” “Shut, the fuck, up!” :eek: I was arrested and charged with Public Intoxication, I could have pled ‘No Contest’ and been released with ‘time served’ in four hours.(Just like the other 12-13 people, that were hauled in.) I told the LEO, "I’m _ **not** _ pleading “No Contest’, I’ll see you in court.” and had to have my Dad come down and post a cash bond and bail me out. (Which took about 6-7 hours. :smack:) Long story, short… When I showed up for court, the LEO was a ‘no show’, the charges were dismissed and I got my money back. Like I said earlier, 'You might beat the rap, but you _ **don’t** _ beat the ‘ride’. :mad: So now I’m curious, **lawbuff**. What, exactly, do you think hiring an attorney would have accomplished? (Other than making me about $150 poorer, and the attorney $150 richer. :rolleyes:) ---
**Author:** ![LMarie](https://avatars.discourse-cdn.com/v4/letter/l/c68b51/32.png) [@LMarie](https://boards.straightdope.com/u/LMarie)\ **Post date:** [May 13, 2013, 3:14am UTC](https://boards.straightdope.com/t/why-were-pedro-and-onil-castro-arrested/657845/50 "2013-05-13T03:14:43Z")
> [@Isilder](#): > > I never woke up to find my two brothers searching my house from attic to basement.. did you ? Who said anything about searching his house? I just said that it’s hard to imagine that the brother’s didn’t know. Just because something is hard to imagine, though, doesn’t mean that it isn’t possible. ---
**Author:** ![Steophan](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/steophan/32/9595_2.png) [@Steophan](https://boards.straightdope.com/u/Steophan)\ **Post date:** [May 13, 2013, 10:05am UTC](https://boards.straightdope.com/t/why-were-pedro-and-onil-castro-arrested/657845/51 "2013-05-13T10:05:20Z")
> [@lawbuff](#): > > Saying to someone if they think they were arrested in violation of the 4th AM, consult an attorney, is flippant in your eyes, get real! Yes. It’s (generally, in the US) legal to detain a suspect for questioning, it’s always legal to say that, if the suspect doesn’t voluntarily submit to questioning they will be arrested, and the requirements for probable cause are low enough that being in proximity to a crime is usually sufficient. Attempting to prevent the police questioning people is an abuse of the law. If the police do something wrong during the arrest or questioning, they should of course be responsible for it, but simply questioning someone isn’t wrong. ---
**Author:** ![Frylock](https://avatars.discourse-cdn.com/v4/letter/f/ce7236/32.png) [@Frylock](https://boards.straightdope.com/u/Frylock)\ **Post date:** [May 13, 2013, 12:48pm UTC](https://boards.straightdope.com/t/why-were-pedro-and-onil-castro-arrested/657845/52 "2013-05-13T12:48:12Z")
> [@](#): > > So now I’m curious, **lawbuff**. > What, exactly, do you think hiring an attorney would have accomplished? (Other than making me about $150 poorer, and the attorney $150 richer. :rolleyes:) I’m pretty interested in this question too. In the story as described did the LEO do anything illegal? Or actionable in some other sense? ---
**Author:** ![lawbuff](https://avatars.discourse-cdn.com/v4/letter/l/13edae/32.png) [@lawbuff](https://boards.straightdope.com/u/lawbuff)\ **Post date:** [May 13, 2013, 3:09pm UTC](https://boards.straightdope.com/t/why-were-pedro-and-onil-castro-arrested/657845/53 "2013-05-13T15:09:33Z")
> [@Steophan](#): > > Yes. It’s (generally, in the US) legal to detain a suspect for questioning.. In the FIELD only requires reasonable suspicion for investigative detention, transportation to jail requires probable cause. > [@](#): > > it’s always legal to say that, if the suspect doesn’t voluntarily submit to questioning they will be arrested.. Arrested for what? > [@](#): > > and the requirements for probable cause are low enough that being in proximity to a crime is usually sufficient. No, that is simply not true by 4th AM jurisprudence. ---
**Author:** ![lawbuff](https://avatars.discourse-cdn.com/v4/letter/l/13edae/32.png) [@lawbuff](https://boards.straightdope.com/u/lawbuff)\ **Post date:** [May 13, 2013, 3:10pm UTC](https://boards.straightdope.com/t/why-were-pedro-and-onil-castro-arrested/657845/54 "2013-05-13T15:10:38Z")
> [@Frylock](#): > > I’m pretty interested in this question too. In the story as described did the LEO do anything illegal? Or actionable in some other sense? The poster was talking about HIS arrest, not the brothers. ---
**Author:** ![Really\_Not\_All\_That\_Bright](https://avatars.discourse-cdn.com/v4/letter/r/e8c25b/32.png) [@Really\_Not\_All\_That\_Bright](https://boards.straightdope.com/u/Really_Not_All_That_Bright)\ **Post date:** [May 13, 2013, 3:13pm UTC](https://boards.straightdope.com/t/why-were-pedro-and-onil-castro-arrested/657845/55 "2013-05-13T15:13:57Z")
> [@Steophan](#): > > Yes. It’s (generally, in the US) legal to detain a suspect for questioning, it’s always legal to say that, if the suspect doesn’t voluntarily submit to questioning they will be arrested, and the requirements for probable cause are low enough that being in proximity to a crime is usually sufficient. Attempting to prevent the police questioning people is an abuse of the law. > > If the police do something wrong during the arrest or questioning, they should of course be responsible for it, but simply questioning someone isn’t wrong. What the fuck are you talking about? ---
**Author:** ![Steophan](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/steophan/32/9595_2.png) [@Steophan](https://boards.straightdope.com/u/Steophan)\ **Post date:** [May 13, 2013, 3:27pm UTC](https://boards.straightdope.com/t/why-were-pedro-and-onil-castro-arrested/657845/56 "2013-05-13T15:27:27Z")
> [@Really\_Not\_All\_That\_Bright](#): > > What the fuck are you talking about? The fact that probable cause is a low standard, and that in practice the police can question a suspect without arresting them. ---
**Author:** ![Frylock](https://avatars.discourse-cdn.com/v4/letter/f/ce7236/32.png) [@Frylock](https://boards.straightdope.com/u/Frylock)\ **Post date:** [May 13, 2013, 3:39pm UTC](https://boards.straightdope.com/t/why-were-pedro-and-onil-castro-arrested/657845/57 "2013-05-13T15:39:31Z")
> [@lawbuff](#): > > The poster was talking about HIS arrest, not the brothers. Yes, I know. I was interested in the question he asked about his own arrest. ---
**Author:** ![lawbuff](https://avatars.discourse-cdn.com/v4/letter/l/13edae/32.png) [@lawbuff](https://boards.straightdope.com/u/lawbuff)\ **Post date:** [May 13, 2013, 3:45pm UTC](https://boards.straightdope.com/t/why-were-pedro-and-onil-castro-arrested/657845/58 "2013-05-13T15:45:51Z")
> [@Frylock](#): > > Yes, I know. I was interested in the question he asked about his own arrest. If he feels they can hold people for 72 hours for nothing at all, they did, at least part of it, so he should have no problem with arrest. ---
**Author:** ![Really\_Not\_All\_That\_Bright](https://avatars.discourse-cdn.com/v4/letter/r/e8c25b/32.png) [@Really\_Not\_All\_That\_Bright](https://boards.straightdope.com/u/Really_Not_All_That_Bright)\ **Post date:** [May 13, 2013, 4:02pm UTC](https://boards.straightdope.com/t/why-were-pedro-and-onil-castro-arrested/657845/59 "2013-05-13T16:02:50Z")
> [@Steophan](#): > > The fact that probable cause is a low standard, and that in practice the police can question a suspect without arresting them. Police can question a suspect without arresting them in theory, not just in practice. It’s called noncustodial questioning. However, they can’t demand that the suspect answer or face arrest; that’s called coercion, and would almost certainly render any subsequent questioning custodial (triggering a number of rights). ---
**Author:** ![lawbuff](https://avatars.discourse-cdn.com/v4/letter/l/13edae/32.png) [@lawbuff](https://boards.straightdope.com/u/lawbuff)\ **Post date:** [May 13, 2013, 4:08pm UTC](https://boards.straightdope.com/t/why-were-pedro-and-onil-castro-arrested/657845/60 "2013-05-13T16:08:02Z")
> [@Steophan](#): > > The fact that probable cause is a low standard, and that in practice the police can question a suspect without arresting them. A “Seizure” must be reasonable, that is all. Now, an investigatory detention “can” turn into a defacto arrest if it is prolonged past the acceptable norm. [Previous page](https://boards.straightdope.com/t/why-were-pedro-and-onil-castro-arrested/657845.md?page=2) [Next page](https://boards.straightdope.com/t/why-were-pedro-and-onil-castro-arrested/657845.md?page=4)