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Discuss what's fucking going on, and which programs are best and worst. One-time "program" announcements from "established" webmasters are allowed. |
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#1 |
Confirmed User
Join Date: Jul 2003
Location: This was my wife circa 2002
Posts: 6,746
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Miranda rights...WTF?
Why do Police have to read it off a card...can't remember it? I have been arrested twice in my life (as a youngster) and they never read that shit to me..and NO way to prove they didn't.
Watching the "COPS" marathon ![]() INFO: In most cases, before making an arrest a police officer must read this list of rights to the suspect. It is called the Miranda warning because of the 1966 Supreme Court decision, Miranda v. Arizona. When Ernesto Miranda was arrested and questioned by the police, the information he gave them was used against him at his trial. This was a direct violation of the Fifth Amendment of the Bill of Rights. Miranda appealed, claiming that his rights were violated. The Supreme Court agreed; since then, in most cases people are read the Miranda warning upon arrest. Miranda Warning You have the right to remain silent and refuse to answer any questions. Anything you say may be used against you in a court of law. As we discuss this matter, you have a right to stop answering my questions at any time you desire. You have a right to a lawyer before speaking to me, to remain silent until you can talk to him or her, and to have your lawyer present when you are being questioned. If you want a lawyer but cannot afford one, one will be provided to you without cost. Do you understand each of these rights I have explained to you? Now that I have advised you of your rights, are you willing to answer my questions without an attorney present? |
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#2 |
..........
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Join Date: Aug 2004
Location: ..........
Posts: 41,917
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its required by law that they read it from the card.
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#3 | |
Confirmed User
Join Date: Jun 2005
Location: Irvine, CA
Posts: 2,442
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#4 |
Confirmed User
Join Date: Aug 2003
Location: varies
Posts: 2,328
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I asked my attorney about this. Law enforcement is not required to read you your Miranda rights. The Miranda rights protect them more than they protect you. If they choose not to inform you of these rights, they are unable to use any confession given in court.
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#5 | |
Confirmed User
Join Date: Jul 2003
Location: This was my wife circa 2002
Posts: 6,746
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#6 | |
Confirmed User
Join Date: Jun 2005
Location: Irvine, CA
Posts: 2,442
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Quote:
so i guess each district's rules vary based on the number of idiots on the force ![]()
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#7 |
Confirmed User
Join Date: Oct 2005
Location: VENICE,CA. USA
Posts: 470
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They read it off the card so in court they can say
"I read it off the card complet and did not leave out any part of it"
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...making a little cash, keeping our panties on.
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#8 |
Too lazy to set a custom title
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Join Date: Mar 2003
Location: Homeless
Posts: 62,911
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Ok. Some of you are close on this, but you have yet to light the cigar.
If you are arrested, and the officer does not question you about the incident, ( For example ) What where you doing with the bag full of of unpaid for clothes? Then he does NOT need to read you the warning. If they are only asking name, date of birth, etc,. then they dont need to read you the rights, because by law, you are required to identify yourself to a lawenforcment officer, when asked. IF he IS going to ask you specific questions about the incident, the he MUST read them. They are read from the card, because IF they make a mistake, then the case can be lost. They will even testify that they read them per the card issued from X department.
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#9 |
So Fucking Banned
Industry Role:
Join Date: Apr 2001
Location: the beach, SoCal
Posts: 107,089
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THe ONLY time they have to read you your Miranda rights is if they plan on asking you questions and using the answers when they testify against you in court.
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#10 |
Confirmed User
Join Date: May 2004
Location: Guantanamo Bay, Cuba
Posts: 4,126
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Even if you know it off by heart, under a stressful situation, a police officer could just forget one and that's enough to get a case thrown out. It's probably used as a checklist of sorts.
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#11 |
**Porntrepreneur**
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Join Date: Jul 2004
Location: New York
Posts: 12,788
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I believe in NY there supposed to read it off the card ... all the police have the card... if it's not required that they do .. it's encouraged
I'll have to ask Ray .. he was NYPD |
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#12 |
Confirmed User
Join Date: Mar 2003
Location: Toronto, Ontario
Posts: 4,402
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I thought that the Patriot act and Dictator Bush's war on terror meant that American's had no rights anymore?
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#13 | |
Confirmed User
Join Date: Jun 2005
Location: Irvine, CA
Posts: 2,442
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#14 |
I help you SUCCEED
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Join Date: Nov 2003
Location: The Pearl of the Orient Seas
Posts: 32,195
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It's a misconception that they have to read it to you before arrest. You only have to be read your Miranda Rights AFTER they ARREST YOU and BEFORE they interogate you: http://usgovinfo.about.com/cs/mirand.../mirandaqa.htm
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#15 |
Confirmed User
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Join Date: Oct 2004
Location: In a refrigerator box by the tracks.
Posts: 4,790
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If the video is on, you get your rights read to you. If the video is off, you might get the shit kick out of you, then read your rights.
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#16 | |
Confirmed User
Join Date: Jul 2003
Location: This was my wife circa 2002
Posts: 6,746
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Quote:
PS I still Love my homeland USA with all it's faults ![]() |
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#17 | |
Confirmed User
Join Date: Oct 2004
Posts: 924
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#18 | |
Too lazy to set a custom title
Join Date: Oct 2002
Location: Far far away - as possible
Posts: 14,956
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Quote:
![]() I got a friend in a section of US law enforcement - nice lady, but she just screams shit like "hit the fucking dirt!" ![]()
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#19 |
Anti Communist
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Join Date: Nov 2003
Location: Null
Posts: 29,857
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would you believe i was arrested once for underange drinking? I am so a hardened criminal. Thats about the extent of what i have done. I am a menace to society!
beware! Duke
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#20 | |
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Join Date: Aug 2003
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Quote:
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#21 | |
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