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I probably hate you
February 5th, 2007, 02:45 PM
This by no means is global but it really pissed me off and seemed note worthy. On Saturday evening 3 stupid fucking cops came knocking on my door and as a big surprise to me they had a warrant for my arrest.I had absolutely no clue what the warrant was for so they called it in and confirmed it , it was valid . I asked them what it was for and the claimed criminal mischief in the 2nd degree , I then asked if they could be more specific they said no we are just the middle men delivering warrants (they were arresting many people that night for old warrants) I then asked when is this from they said last October . I asked why wasn't I notified about any of this before now they had no answer but claimed when I got to jail I would be told.So off to jail I go pissed as hell watching my kids crying from the front window , I get to jail and guess what they have no fucking clue either why I am there all they know is criminal mischief , I asked the rude fuck if he could find out he says not until tomorrow morning . I mouthed off a little but was then flanked by two sheriffs trying to act all tough so I decided just to shut my mouth because I wanted the fuck out of there , my brother was coming over to my house with some beer and I really needed some at this point , so I ask about bail it was 10,000 . Well that was out of the question I don't have that kind of money sitting around , so I got stuck in some so called TV room , even though there were several single cells open , in this room there was a ethnically diverse group and it smelled like sticking my head up a horses ass , flies everywhere garbage overflowing a stinking fucking hole ! Then I notice on the wall a fucking sign stating I would have to pay $65 room and board per night that really fucking steamed me , because in this room there were no beds not even the concrete slabs the single rooms had , the lights were on all night , +snoring sticking dirt fuckers all over and I was missing out on my beer!!

Well after sitting there all fucking night with no sleep I finally get to find out what I actually was charged for , to my disbelief it was for a truck I supposedly keyed back in last august . I didn't do this and they had absolutely nothing to prove I did . So now I get to go back to court and do a bunch more bullshit . I am hoping on some kind of lawsuit against them but I have to hire a lawyer first . The funniest thing is I was never read my rights I am hoping this will help me in my law suit .

This story is not meant to be just a rant about my bullshit weekend but to warn everyone else the fucking pigs could be walking through your front door at any time for no real reason , just the week before I had some AP and mekp sitting out on a shelf that would have been visible and then I would have been really fucked . So watch what you do our country is fast becoming less and less free . I wish this land of sheep could join together and demand our freedom back .

In my dreams I am plotting a surprise for the investigating officer but only in my dreams .;)

Grapes Of Wraith
February 5th, 2007, 07:38 PM
You do know it will be very expensive to win a lawsuit like that, so if you think 10k is allot don't plan on winning.

tmp
February 5th, 2007, 08:29 PM
Been there, done that ! For me it was almost 8 years ago.
Reading you your Miranda warnings doesn't seem to apply anymore.
Upon consulting my attorney, I asked him if the The Bill Of
Rights had been thrown out the window. Apparently, Miranda is
used when the cops want to be sure they don't want to risk
losing a case. The same week of my arrest a murderer was picked
up in Baltimore and the cops made a point of reading him his
Miranda protections.

TreverSlyFox
February 5th, 2007, 08:54 PM
Miranda is only read when LEO's plan on asking you questions. Since all the LEOs were doing was serving a warrant and dropping you off at the jail. They had no reason to read you your Miranda rights because they weren't going to ask you any questions.

Jacks Complete
February 5th, 2007, 09:19 PM
I'd suggest fitting a cheap video camera so you can see who's there before answering. Then pretend you aren't in. It's not a "no knock" so they can't just smash down the door, so if you aren't there, they will walk away. Well, mostly.

Then you turn up and find out what the issue is on your terms at 9am next morning, clean as a whistle.

nbk2000
February 5th, 2007, 11:27 PM
Miranda is supossed to be read to ANYONE being arrested, regardless of reason or intent.

After all, they may simply be picking you up on a warrant, but bet your ass they'll report anything you say on the drive to the jail, to be used against you in a court of law.

Last time I was arrested, I didn't say shit, not even my name. I was John Doe until my fingerprints came back. :p

And they didn't read me Miranda either, but I already know it by heart. ;)

knowledgehungry
February 6th, 2007, 01:25 AM
All that not reading you your Miranda rights really does is makes anything you say to the police invalid in court(in theory). Them not reading you your rights doesn't really mean they did anything illegal, it just means that they can't use possible confessions, evidence obtained from your statements, basically any self-incrimination.

My advice to you is to get a lawyer, not to sue, but for your court. Many times the local judge will go with whatever the cops say(in district courts) for petty offenses because thety have a long standing relationship with them. I was cited for disorderly conduct a while back in the suburbs, plead innocent, because I was more or less, and went it alone. The magistrate bitch and the asshole cop treated me like scum at the trial/hearing and decided I was guilty before I even had a chance to state my case. I got a lawyer and appealed the ruling, not because I cared so much about a 420$ fine and summary offense on my record but because I didn't want that cunt of a judge to win. I was found not guilty after my appeal.

If you really didn't do it I am sure you will be found innocent, but it is better to be found innocent first than haveing to go through the appeals process which takes over a year, so get yourself a lawyer. As to suing, I really advise against it, you won't win and then the cops will be gunning for you. It really didn't sound like they were too nasty to you, it sounds more that they were just doing their job. My experience with the police was much worse I think(although I didn't have to go to jail) they pointed a gun at my head, called me an asshole and threatened to shoot me if I "tried anything funny". All over what ended up being a disorderly conduct charge.

defiant
February 6th, 2007, 02:28 AM
In Florida, criminal mischief of the second degree is a charge of willful destruction of property totalling $200 or less. It's a misdemeanor. The catch is that law enforcement (in Florida at least) is prohibited from arresting an individual for a misdemeanor unless the offense occurs in their presence [Roder v. Fokervitch, 722 So.2d 925 (Fla. App. 5 Dist 1998)]. In Florida, being arrested for a misdemeanor that wasn't observed by the law enforcement officer is an invalid arrest, and imprisonment under these circumstances gives rise to civil liability for violating your constitutional rights.

Suing the police can have repercussions, but raising the issues can get the charges dropped (should the law where you are be similar to Florida with regards to misdemeanor arrests).

anonymous411
February 6th, 2007, 06:14 AM
That sucks. Even worse, I don't find the whole thing particularly outrageous or surprising. Who ordered the warrant, and why did they choose to blame it on you? Do you have a history of this sort of thing? Use this misfortune as an opportunity to reflect on what went wrong-- and make sure you do everything in your power to keep it from happening again.

As for the lawsuit, I say fuck it and cut your losses. Seriously, it isn't worth it. Life is too short...if this happened to me, I'd be far more interested in forgetting the whole thing and getting on with my life. Unfortunately, in the real world, life isn't fair and there is no such thing as justice. The best you can do is take the occasional sucker punch in the nuts and keep moving forward. Pausing to reflect on how much worse it could have been should make you positively jump for joy. LOL

nbk2000
February 6th, 2007, 10:11 AM
If the cops don't read you your Miranda rights, and you say something about having a body in the freezer, do you think the cop is going to tell the judge he didn't read you your rights?

No.

He'll lie like the pig that he is, the judge will know he's lying and not care, and away you go.

Any judge will tell you that ignorance of the law is no defence, so take that to heart and KNOW YOUR RIGHTS! Do NOT depend on the minions of a corrupt police state to tell them to you!

tmp
February 6th, 2007, 04:09 PM
I'll agree with NBK in that a person is supposed to be Mirandized at the time
of arrest. What's worse, is that here in Maryland there is a list of crimes,
including some non-violent misdemeanors, that allow the cops to make a
dynamic entry raid without warrants. Among those so-called "crimes" is
pissing in public which is called indecent exposure here. The excuse is that
this is a quality of life crime. Just more bullshit to hassle more people.

DMSOnMyVeins
February 6th, 2007, 04:46 PM
In Florida, being arrested for a misdemeanor that wasn't observed by the law enforcement officer is an invalid arrest


Defiant, where did you get this information? My "Florida rules of criminal procedure" book is in my storage unit along with all my other lawbooks, but I can say with certainty that this is incorrect.

You may be arrested if an officer has PC to believe you commited the crime in question, even if it is not commited in the presence of a sworn officer.

I have a feeling you are citing (and studying) caselaw that is only relevant during trial, as in writing motions, writs, etc.. You need to buy or check out a copy of "Florida rules of criminal procedure" from your local public library or "pro se" self help center.

knowledgehungry
February 6th, 2007, 04:49 PM
I am assuming he is talking about a summary offense, which is where you are cited as opposed to arrested. I think they may be able to arrest you if it happens in their presence.

Killian
February 6th, 2007, 05:03 PM
Last time I was arrested the police sergeant tried reading my Miranda Rights. Keyword: tried. He had to ask the rookie for his miranda card. After this experience(and I'm sure you all have your own) do you honestly think these public servants of justice care more about the principles of their authority over raising their occupational statistics for their next promotion/wage raise?

Conclusion: Cops do how they want for what they want and they're in the best position to do so. You're just another measly prick walking into the justice department. You're no David and Goliath will crush you and take a shit on you. Cut your losses as much as possible and move on. Swallow your pride and your desire for mythological principles in this world. The righteous drown in their own stubbornness.

Learn, adapt and move on.

defiant
February 6th, 2007, 09:45 PM
DMSOnMyVeins:

The Florida Rules of Criminal Procedure (or Civil Procedure, Appellate Procedure, Workers' Compensation Procedure (repealed), FAC, and so forth - are the starting point. Case law defines procedure as it defines statutory and common law.

Florida rules of procedure are available at:

http://www.floridabar.org/tfb/TFBLegalRes.nsf/D64B801203BC919485256709006A561C/E1A89A0DC5248D1785256B2F006CCCEE?OpenDocument

But as I've said, its not in the Fla. R. Civ. P. - its in case law. My research was/is conducted at law libraries. You are correct that such case pertains to motions/writs and trial. Once an individual is arrested that's the procedure.

There may be exceptions to the law I cited, but it applies to criminal mischief - which I researched after being so charged for destroying government property.

Since that time I've been cited or arrested four or five times. Each time the charges were dropped. As I've said elsewhere, I have more than a half dozen civil tort cases filed against the government (not one of which has been dismissed). I've learned how to file motions, conduct discovery, schedule hearings, and represent myself in court.

Reportedly the reason that cops finally backed off me is because gov't attorneys liked or respected me and told them too. A gov't rep told me that. An aquaintance told me that he overheard one cop tell another that I was armed and dangerous and should be left alone. Both are true in measure.

The law, politics, and weapons, are not altogether unrelated. If one is unafraid.

Finally, while its important to choose ones battles - shame on those who prescribe buckling under cause the government is too powerful too oppose. That's fucking disgraceful.

defiant
February 6th, 2007, 10:08 PM
Knowledgehugry:

I.Probably Hate You says he was imprisoned. That's not a "will appear" arrest or a citation for a summary offense.

I can't speak for the law everywhere under all circumstances, but as I've said, in Florida a cop is not permitted to make an arrest for a misdemeanor that did not occur in his presence. They can arrest you for a felony or certain misdemeanor exceptions - but not for a charge of criminal mischief.

Local law enforcement confirmed this.

The law in other state jurisdictions may differ.

DMSOnMyVeins
February 7th, 2007, 01:52 AM
Defiant,
You're right, it's been a while since I studied law to help my brother when he was first arrested in 2001 on 17 Federal and 3 Florida felony charges.
Maybe I was thinking of misdemeanor cases where people were arrested based on witnesses seeing the crime commited (citizen's arrest?).
My apologies.

anonymous411
February 7th, 2007, 09:15 AM
For those of you interested in law and the history of the Miranda warnings, here's a link to all the Supreme Court cases which ever touched on Miranda. It's always fun to listen to oral argument, and hear the reasoning behind how these cases were decided--and speculate on the direction we're headed:

http://www.oyez.org/issues/index_html?group=criminal-procedure&term=miranda

Given the current ideological direction of the court, one more Bush appointee and Miranda might not be long for this world. Just last term, the Supreme Court decided a case which touched on the right of arrested foreign citizens to be informed of the right to assistance from their embassy, under a provision of the Vienna Convention. Almost all European countries find this right to be an important part of basic human rights and international law. Well, the court decided we can all fuck THAT: America only honors treaties when it's in their national interest, and evidently, international human rights law is basically worth jack shit because it's inconvenient. A gross simplification perhaps, but the bottom line is basically correct...and not surprising.

I probably hate you
February 7th, 2007, 02:12 PM
I also read up on being read your rights supposedly it is to protect your 5th amn. rights when you are being questioned , so who knows maybe it will have no bearing on this case , but I know for a fact there is no evidence linking me to this crime (even if I did commit a crime there would be no evidence) so there is no probable cause to even issue a warrant , the arresting officers were fine they are not the ones who pissed me off it is the investigating officers who are from a small neighboring town who frequently search you illegally pull you over for nothing and basically do what they want when they want , they have been a thorn in my side since I was a kid . As the law goes they had no right to issue a warrant , besides that I am pissed and hate cops anyways . By the way where I live criminal mischeif in the 2nd is a felony which sucks even more . Really the biggest reason I want to sue is to show these fucks they are not above the law.

I already hired a lawyer I hate them almost as much as cops but as long as he serves his purpose that will be fine . I will see how all this goes and if I find out anything benificial I will pass it along . Thank you all for your posts .

defiant
February 8th, 2007, 08:11 PM
In real life scenarios "probable cause" requires a lesser standard than "evidence" does in a trial setting.

As you've got a lawyer, what I'd recommend you do is get copies of his discovery requests (requests to produce, and interrogatories or depositions, if he/she takes it that far) - as well as the responses to these discovery requests. Often it exposes a weakness in the case -contradictions of some sort or allegations that can't possibly be true. Sometimes attorney work on an assembly line of cases (to make money) and don't take the time to or overlook matters that you might pick up on.

nbk2000
February 8th, 2007, 11:38 PM
Anytime the police ask you a question, say these words:

I have nothing to say

With these 5 words, there's nothing they can use against you, and no way to perjure you. :)

Cobalt.45
February 9th, 2007, 05:25 PM
I can't speak for the law everywhere under all circumstances, but as I've said, in Florida a cop is not permitted to make an arrest for a misdemeanor that did not occur in his presence. They can arrest you for a felony or certain misdemeanor exceptions - but not for a charge of criminal mischief.
In Florida if a bitch tells a cop you are stalking her, you will be picked up and arrested just as soon as they find you. No warrant, no nothing. If they find out you own weapons, or she claims you threatened her with one, it's a felony bust for aggravated stalking.

Bitches well versed in this little bit of "get back" know to do it late Friday night. Your ass will sit 'till Monday in most cases.

Regardless of the truthfulness of any of charges, this also serves to queer you from legally buying firearms. Does not matter- the charge is almost as bad as the actual "crime".

And your bail will be damn high.

anonymous411
February 9th, 2007, 09:41 PM
Cobalt45: Moral of the story: avoid getting involved with crazy losers.

Cobalt.45
February 13th, 2007, 10:31 PM
That sucks. Even worse, I don't find the whole thing particularly outrageous or surprising. Who ordered the warrant, and why did they choose to blame it on you? Do you have a history of this sort of thing? Use this misfortune as an opportunity to reflect on what went wrong-- and make sure you do everything in your power to keep it from happening again.End Quote by annon.411
If it happens to YOU, you will god damn sure find the whole thing particularly outrageous and surprising! Use this misfortune as an
opportunity to reflect on what went wrong??!!?? Dude, you have a lot to learn when it comes to vindictive bitches who decide to take a shot at your freedom while in an imbalanced state of mind.
Your quote:
As for the lawsuit, I say fuck it and cut your losses. Seriously, it isn't worth it. Life is too short...if this happened to me, I'd be far more interested in forgetting the whole thing and getting on with my life. Unfortunately, in the real world, life isn't fair and there is no such thing as justice. The best you can do is take the occasional sucker punch in the nuts and keep moving forward. Pausing to reflect on how much worse it could have been should make you positively jump for joy. LOLEnd 411's quote...Well 411,You must be living in another world. If you sit and let ANYBODY take your rights and trample on them, then just sit back with "ah, well, I must have deserved it" needs his fucking head examined. I'd no sooner let some loser cunt rip off abuse my rights any sooner than the fucking supreme court. You can bet your ass there's retribution to the cunt who lied under oath to get me picked up w/o a warrant in the first place. I got my rights back and a restraining order on her dumb ass to boot. Seems it was her second time to use this same ruse in six months, so SHE now has the explaining to do, not me.

Frunk
February 14th, 2007, 12:10 AM
Anytime the police ask you a question, say these words:

I have nothing to say


Here in Quebec we have a Chart of Rights and Liberties that says we have the right to keep silence.

Therefore, I prefer to use the phrase:

I have the right to say nothing.

InfernoMDM
February 14th, 2007, 02:59 PM
Anytime the police ask you a question, say these words:

I have nothing to say

With these 5 words, there's nothing they can use against you, and no way to perjure you. :)

Although I agree it also gives a interview/interrogation specialist cause to consider you guilty. That being said if you are guility you are far better off shutting the hell up.

I am reading Criminal Investigation and Confessions which is a outstanding book, and explains many of the tactics and procedures used against people to elicit confessions and/or vital information that can get your ass in a bind.

Even people that have taken courses and know the tactics used have been caught by a more experienced investigator. Although not fool proof non verbal signs can tell most investigators, or make them believe you are guilty.

tiac03
February 15th, 2007, 02:25 AM
Didn't want to start a new topic and I figured this one fit the best so here it goes, seems someone dislikes the police just as much as some of you do. lol.

http://www.ctv.ca/servlet/ArticleNews/story/CTVNews/20070214/van_fire_070214/20070214?hub=Canada

nbk2000
February 15th, 2007, 06:38 AM
The blast was strong enough to blow out the windows of a doughnut shop and damage several vehicles parked nearby.

Sherbrooke police Chief Gaetan Labbe said explosives were found at the scene and Quebec provincial police are investigating.

Wow...that's REAL observant of him, eh? That's like saying ashes were found at the scene of a fire. :p

As for investigators thinking you are guilty because you won't talk to them...let them suspect all they want. As long as there's no physical proof, and you haven't opened your yapper and given them a lead to such proof, then they're fucked. :p

You'll be in for a rough time, for sure, but no matter how bad it may be in the jail, just remember how much worse it'd be if you were going through it on a 25-to-Life. :eek:

If you feel compelled to say anything in response to the pigs goading about 'innocent people don't need lawyers or miranda rights', quote Armand Jean du Plessis, Cardinal et Duc de Richelieu


If one would give me six lines written by the hand of the most honest man, I would find something in them to have him hanged.


And then repeat your right to an attorney and shut the fuck up.

Though, even quoting that may be twisted into making a jury hate you for being more literate than them, so it's best to only say 'I have nothing to say' and STFU. ;)

Oh, and refuse all food and anything more than mere sips of water, during any interrogation session. They'll let you eat and drink until your bowel and bladder are ready to rupture, and then deny you the bathroom in hopes that you'll be weak enough to answer a few of their questions in exchange for using a toilet.

Once you've done that, they know you are weak and won't lay off you until they've gotten their confession. Don't give them that crack to wedge open.

InfernoMDM
February 15th, 2007, 09:38 PM
Oh, and refuse all food and anything more than mere sips of water, during any interrogation session. They'll let you eat and drink until your bowel and bladder are ready to rupture, and then deny you the bathroom in hopes that you'll be weak enough to answer a few of their questions in exchange for using a toilet.

Once you've done that, they know you are weak and won't lay off you until they've gotten their confession. Don't give them that crack to wedge open.

If they do this most states claim that its a coerced (Spell Check didn't save me this time [but NBK did]) statement and will throw it out of court, but that doesn't mean you haven't already spilled enough beans to screw you with evidence they didn't have.

nbk2000
February 15th, 2007, 11:54 PM
HAHA!

Counting on the courts to save you from your bladder isn't a good strategy.

Oh, they might reverse it on appeal 10 years later, but that doesn't do you much good in the meantime, does it?

There was a book called 'Dirty Tricks Cops Play' (or similiar) where such things as spraying the suspects chair with teargas prior to seating them on it, and other such 'tricks', were described.

Remember, police are permitted to lie, apply any mental coercion, and physical force that doesn't leave provable marks of torture before trial. All bets are off after conviction!

I've personally seen torture in our fine jails and prisons, such as electroshock with stunguns on restrained victims/near-drowning/sodomizing with batons/beatings/forced nudity/starvation/medicial neglect until death/guard arranged rapes and murder.

I could go on, but I made the point that America is only slightly better than a 3rd world shithole when it comes to human rights.

We haven't yet gotten to the point of cordless drills and soldering irons, but I don't think it'll be much longer.

random136
February 16th, 2007, 01:15 PM
I just had a funny thought (although I must admit not one of my brightest), and since this is posted in the Water Cooler I think I’ll share. Disregarding the potential doubt these actions would place on your sanity in a court of law, given the situation fist mentioned above (where the accused is wined and dined and then denied washroom privileges) what law, exactly, would limit the accused from dropping his pants and squatting in the interrogation room to take a dump, or taking a leak on the wall.

Now, this concept alone my disgust some of you, but if one were to think objectively what (other then our shame and our indoctrination with social norms) would limit us from taking such actions. At the very worst, this would amount to an additional fine for urinating/defecating in a public place. But one can argue that an interrogation room is not a public place, and additionally, that the inhumane treatment received by the accused warranted such actions to be taken.

Also, consider this, in my municipality holding cells for the recently arrested are furnished with only a simple metal cot (no mattress or pillow) and a simple aluminum toilet bowl. The room in question is under constant CCTV surveillance, including one camera directly over the toilet.

If one were to defecate in a ‘civilized’ fashion in the holding cell, or in an ‘obscene’ fashion in the interrogation room, one would receive the same lack of privacy. If nothing else, the situation would at least deter further questioning.

Just a funny thought I figured I could share.

Jacks Complete
February 23rd, 2007, 05:40 AM
They would probably bill you for the cleaning, same as they bill you for "accommodation"

In the UK the best thing is the cops have to clean it up. :-)

In the UK, as you will probably have picked up, the right to silence has gone, pretty much. The "right" now says that if you don't say anything now, but say it later, they will do you on the strength of that contradiction. Yes, if you don't start talking before you have even had a chance to think, you are seen as guilty later on.

The original idea was to stop people saying nothing and coming up with a good story later on. Now, it is simply mis-used, like all powers will always be.

Match
February 24th, 2007, 07:21 AM
What you do is put a little peanut in between your cheeks, and when the proper situation arises, start eating it.

nbk2000
February 24th, 2007, 08:01 AM
Jacks, what about if you say nothing at all, now or later?

Then there'd be no 'inconsistancy' or claims of 'thought up a good story'. :p

megalomania
February 24th, 2007, 06:59 PM
Do not become complacent and allow the corrupt fedgov state to trample your rights because you fear they are an all powerful entity! It is in challenging the malfeasance of the fedgov in court, in front of witnesses, in the eye of the public, that the fedgov abuses can be mitigated. If everyone had the attitude that there is nothing to be done when the pigs rape them, murder them, beat them, falsely imprison them, steal from them, and plant evidence, then we end up just as bad off as a third world despotic state.

We still have the chance in America and Europe to at least cast off the smothering death hood and slip out of the noose around our necks before our liberty is executed on the gallows of tyranny and despotism. We are still a nation of the people, for the people, and by the people. The cops are people just like us, and they are not yet above the law of our creation.

In your case the yield of justice hardly warrants the amount of effort you would have to put into it. Principle is what is really at stake. No cop, federal agent, or fedgov official is allowed to violate any law or right PERIOD. When they do, they become criminals themselves, the neo-gestapo of their own private fiefdoms.

When more cops are stripped of their dress blues and clad in prison orange, maybe they will wise up and actually follow the law instead of trying to profit from it. Ultimately you get what you pay for, and the government pays very little. Is it any wonder why they take shortcuts with your life?

Whining that your rights were violated because you confessed to a crime, but they never told you they were writing the confession down is the sheeple approach. You need to know your rights and to know how to fight them. The greatest tool in the arsenal of the police is the ignorance of the criminals. They assume everyone is a sheep to be herded because almost everyone acts like a sheep being herded, or more likely a lamb to the slaughter.

I don’t mean to imply you need to devote your life to a crusade purifying your good name because of ill treatment and an inconvenience at the hands of lackeys of the state. That is why we tolerate the existence of lawyers. Just as your freedoms and rights can be sold at the whims of state lackeys, so too can they be purchased back with the help of the learned men of the law.

PS. As per InfernoMDM's suggestion I am going to get the book Criminal Interrogation and Confessions by Fred E. Inbau, John E. Reid, and Joseph P. Buckley. Note the title is Criminal Interrogation and Confessions not Criminal Investigation and Confessions as InfernoMDM wrote. My library actually has the book on the shelf :)

InfernoMDM
February 25th, 2007, 05:17 AM
Something I found out that might be of interest. Some states have claimed and won in court that remaining silent in rare cases is the equivalent to saying something. Thats why many states now read your Miranda rights as you are arrested.

I am not saying talk freely, but apparently you can get burned either way.

However anytime you are arrested and they interrogate you, per Miranda they can't ask you any questions after you ask for a Lawyer, even if one isn't available at the time.

Asking for a Lawyer might be a smarter thing to do then remaining silent.

nbk2000
February 25th, 2007, 07:07 AM
"I want a lawyer and, until then, I have nothing to say."

:)

Bugger
February 27th, 2007, 11:06 PM
Re Criminal Interrogation And Confessions:- please upload it to rapidshare.com and post the link here when you find it, Megalomania. Further information about the book is at http://www.reid.com/store2/list.html?searchtype=book

Jacks Complete
February 28th, 2007, 07:03 AM
The issue with saying that, NBK, is that there are CongressCritters who are now claiming that by saying anything at all you have waived your right to silence!

They came out with that when some guy was pleading the 5th in front of them the other week, but I don't recall the details.

Basically, the state always acts to increase it's own powers, just like a business is in business to stay in business, and amoebas only exist to make more amoebas. They will take every right and liberty, if they can.