So the police just fucking took me in!!

[racerboy71]

Wrong... wrong... wrong...

Sorry, call any lawyer you want to...

If the officer does not want to use anything you say in court as evidence against you... they do not have to read you your Miranda Rights.


Hell do a google search... this has always been the case... here's the first page after a simple search:

http://www.nolo.com/legal-encyclopedia/police-questioning-miranda-warnings-29930.html

lol, you just answered your own question right there.. it doesn't say when ever someone is arrested they are read their miranda rights, it only says if someone is going to be interrogated then they need to be read their miranda... i'm sure tim wasn't interrogated more than likely just thrown in a cell and released with a court appearance..

 

[SocataSmoker]

lol miranda rights......


these things didnt mean shit after the homeland security act was passed, shit all they have to do is say your a terrorist and they can legal tortue you in the USA...even if your a US citizen.

I just can't believe some people think it's a requirement of police to read them these rights... LOL

lol, you just answered your own question right there.. it doesn't say when ever someone is arrested they are read their miranda rights, it only says if someone is going to be interrogated then they need to be read their miranda... i'm sure tim wasn't interrogated more than likely just thrown in a cell and released with a court appearance..

I know this, I was just clarifying for Mr. Guru who thinks cops HAVE to read you these rights when they slap the cuffs on.

 

[timeismoney1]

I had no choice to step out. I was forced to. Also he put me in the back of his car while they searched mine

 

[racerboy71]

simple, they have dash cams, with audio.....and you and your lawyer have the right to request these videos.....

come on thats a simple one.

yah, but all he would have to say was that he read you your rights out side of the car, in the station, etc, they've got lots of excuses..

 

[SocataSmoker]

I had no choice to step out. I was forced to. Also he put me in the back of his car while they searched mine

The point is... if they didn't read you your warnings, then nothing you said can be used in court... that's the only thing you're covered with by the Miranda Rights.

 

[SocataSmoker]

yah, but all he would have to say was that he read you your rights out side of the car, in the station, etc, they've got lots of excuses..

If they don't have the camera footage to prove they did in fact read him his rights, good luck with those excuses officer...

 

[cannabisguru]

Wrong... wrong... wrong...

Sorry, call any lawyer you want to...

If the officer does not want to use anything you say in court as evidence against you... they do not have to read you your Miranda Rights.


Hell do a google search... this has always been the case... here's the first page after a simple search:

http://www.nolo.com/legal-encyclopedia/police-questioning-miranda-warnings-29930.html







Again, and as FDD just posted the Wiki article... Miranda Rights are NOT required to be recited to you and understood by YOU unless what YOU say needs to be used as evidence in court.

LMAO, my dude.. my father WAS A WELL KNOWN AND RESPECTED JUDGE!!! I got schooled on federal/state laws ALL THE TIME!!!

Hell, I once got off of a possession charge for the EXACT SAME REASON!!

geeeeez.. I swear man. Some people...


Trust me bro, just read the message I sent to ya.

You've got nothing to worry about my friend.

I put money on it..

I guarantee you once the judge hears that you weren't read your rights, he'll HAVE to drop the case and all charges.

bottom line everyone.. in the U.S.A. - If you are arrested for ANY REASON AT ALL... and the arresting officer DOES NOT read you your rights... your case/charges will be dropped.. you'll more than likely never make it to court, period.

end of this discussion for me.

 

[fdd2blk]

LMAO, my dude.. my father WAS A WELL KNOWN AND RESPECTED JUDGE!!! I got schooled on federal/state laws ALL THE TIME!!!

Hell, I once got off of a possession charge for the EXACT SAME REASON!!

geeeeez.. I swear man. Some people...


Trust me bro, just read the message I sent to ya.

You've got nothing to worry about my friend.

I put money on it..

I guarantee you once the judge hears that you weren't read your rights, he'll HAVE to drop the case and all charges.

bottom line everyone.. in the U.S.A. - If you are arrested for ANY REASON AT ALL... and the arresting officer DOES NOT read you your rights... your case/charges will be dropped.. you'll more than likely never make it to court, period.

end of this discussion for me.

dude, stop.



Miranda warning

From Wikipedia, the free encyclopedia
The Miranda warning (also referred to as Miranda rights) is a warning that is required to be given by police in the United States to criminal suspects in police custody (or in a custodial interrogation) before they are interrogated to inform them about their constitutional rights. In Miranda v. Arizona, the Supreme Court of the United States held that an elicited incriminating statement by a suspect will not constitute admissible evidence unless the suspect was informed of the right to decline to make self-incriminatory statements and the right to legal counsel (hence the so-called "Miranda rights"), and makes a knowing, intelligent and voluntary waiver of those rights.[Note 1] The Miranda warning is not a condition of detention, but rather a safeguard against self-incrimination; as a result, if law enforcement officials decline to offer a Miranda warning to an individual in their custody, they may still interrogate that person and act upon the knowledge gained, but may not use that person's statements to incriminate him or her in a criminal trial.
Under the U.S. Supreme Court decision in Berghuis v. Thompkins suspects retain their 5th Amendment right to remain silent, however, if a suspect waives this right and interrogation begins, the right to halt further interrogation by the police must be exercised explicitly, by revoking the prior waiver of this 5th Amendment right.

 

[SocataSmoker]

end of this discussion for me.

And in that case, the end of the lies you are spewing...

please for God's sake don't take this mans "legal" advice... and do a Google search, look at some law websites... and they'll tell you the same thing I and other posters here have told you.

 

[lambofgod]

point being, in a clogged system (assuming hes from a large city) this case is good as dust very soon, and little will come of it.

I just read in my old local home town of 5 dudes getting busted in a grow op...322 plants. each where released on $122 bond......OH in a NON medical state btw.

 

[THENUMBER1022]

You could counter sue for the impound fee, and take some niacin, take that piss test and discredit the officers ability to make 'suspicions'..

I wouldn't get in a police car if I wasn't being arrested. And I would question why he has suspicion after running SOP and coming up empty handed. Thats like kanye west taking the stage, even though beyonce lost! you just look like an idiot.

 

[lambofgod]

If they don't have the camera footage to prove they did in fact read him his rights, good luck with those excuses officer...

I've had to request this camera footage before.....they love to "magically" lose it.

 

[SocataSmoker]

Agreed...

You will probably get it dropped down to a "Failure to Control Vehicle" citation...

or just dropped altogether.

I've had to request this camera footage before.....they love to "magically" lose it.

Oh of course... lol

 

[Da Almighty Jew]

LMAO, my dude.. my father WAS A WELL KNOWN AND RESPECTED JUDGE!!! I got schooled on federal/state laws ALL THE TIME!!!

Hell, I once got off of a possession charge for the EXACT SAME REASON!!

geeeeez.. I swear man. Some people...


Trust me bro, just read the message I sent to ya.

You've got nothing to worry about my friend.

I put money on it..

I guarantee you once the judge hears that you weren't read your rights, he'll HAVE to drop the case and all charges.

bottom line everyone.. in the U.S.A. - If you are arrested for ANY REASON AT ALL... and the arresting officer DOES NOT read you your rights... your case/charges will be dropped.. you'll more than likely never make it to court, period.

end of this discussion for me.

yes cops have to do that but alot of them dont. Its not that easy to prove they didnt read you your rights. Because we all know cops are big fucking liars.

 

[SocataSmoker]

Because we all know cops are big fucking liars.

Just like you.


NO, cops do NOT have to read you your Miranda Rights if they aren't going to use what you say in court... damnit, do you people even have eyes? LOL

 

[Da Almighty Jew]

Just like you.


NO, cops do NOT have to read you your Miranda Rights if they aren't going to use what you say in court... damnit, do you people even have eyes? LOL

Socata Smoker, are you always like this? a giant douche?

 

[lambofgod]

Just like you.


NO, cops do NOT have to read you your Miranda Rights if they aren't going to use what you say in court... damnit, do you people even have eyes? LOL

well if people would stop getting their law info from shows like CSI and law and order....COPS ect. they wouldn't believe certain myth's

 

[SocataSmoker]

Socata Smoker, are you always like this? a giant douche?

No, please don't take it like that, you're a fellow human and I love you like my brother... I'm just very forthright.

If you were here, I'd offer you a freshly chopped bowl of Lemon Diesel.

well if people would stop getting their law info from shows like CSI and law and order....COPS ect. they wouldn't believe certain myth's

Boy howdy!

 

[angelsbandit]

You don't go to court for license suspension, you go before a judge from the Dept. of Motor vehicles.

The simple fact that you refused to comply with the applied consent law is all that is required to prove your guilt, and take your license. It doesn't have to be proven that you have driven under the influence - only that you refused the piss test.

 

[THENUMBER1022]

socata smoker, to be detained, operating procedure of taking in a 'criminal' requires their rights to be red at the time of arrest. Not three hours later in questioning, timeismoney clearly doesn't understand his rights, and thats why miranda rights are read to suspects. To make sure they understand they can't just not say a word and protect themselves from further legal prosecution. Did he question you at all on the ride back? if so, he is clearly violating YOUR rights.

Also, just so anyone knows. If an officer pulls you over "shooting radar" and doesn't have his running lights on, its thrown out. Had it happen on two occasions. You can't park in a parking lot with your lights off and claim to be shooting radar. A patrol vehicle must have its running lights on at all times while in service. If the cop is on the clock and in the car, the lights have to be on for them to pursue anyone.