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Posted 2005-12-26, 03:57 PM
in reply to Willkillforfood's post starting "Oh don't you feel like an ass? Gonna..."
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Willkillforfood said:
Oh don't you feel like an ass? Gonna cry? Huh? Maybe you should go watch some of the movies I watched? I watched this one movie called "cops". Yea, supposedly those guys are really cops ...and supposedly people have gotten off before because they weren't read their rights.
Man S2, I can understand what MJ says about you thinking you know it all. Go play with people at your intellectual level ...you know, 5th graders. You can be the red ranger.
Anyways, it's your constitutional right to have a public defender provided for you if you cannot afford one. If your relatives weren't given this then something went horribly wrong and they could probably get any ruling against them appealed.
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Hey kid how about your eat shit and die? No seriously, please die, the world would be a much better place. I remembered reading about the miranda rights when I was in US Government as a senior a few years ago. Of course there were a bunch of little wannabe anarchists in the class asking the same questions, and I also thought the Miranda right was a mandatory thing much the same way you do now. I also remember changing the way I thought when I learned otherwise.
Website said:
The Miranda rights- the "you have the right to remain silent..." routine- are warnings that must be given when a person is in custody for a criminal offense and before the officer asks questions. When a TV detective handcuffs the bad guy and reads the Miranda rights as he's hauled away, it's drama. In real life, it isn't necessary to read Miranda until the arrested suspect is about to be questioned. That's why it's called a pre-interrogation warning.
What about the person who is stopped on suspicion of drunk driving? The officer will ask the driver various questions to establish how much the person has had to drink, where the person is coming from, how much sleep the person had, etc. The officer may ask the person to perform field sobriety tests, including blowing into a portable testing device. All of these things can incriminate the driver, so you might think Miranda should be given. However, the U.S. Supreme Court ruled that such a situation is a "roadside interrogation" in which the person is not in custody and doesn't have to be Mirandized. Once the driver is arrested, however, the questioning must stop until Miranda is read, and only then if the driver waives the right to remain silent.
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Of course that goes without saying, any information that is found without you having first been read your Miranda rights simply can't be used in courts. Just because your rights weren't read, doesn't mean you can't still be kept in custody or tried for your crime. Then in court you can just be asked the same question again, so don't think some cop's error is going to be your trump card.
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