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Thread: This is what happens when you dont know the law.
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07-18-12, 07:05 PM #91
Re: This is what happens when you dont know the law.
How exactly does Miranda compel the Police to be truthful? Unless I completely missed it, Miranda refers to a suspect being advised of his rights prior to an interrogation.
This I understand. See my previous post regarding the Catch-22 of failing to receive a confession of actual crime versus gaining one versus possibly gaining an untrue confession via coercion.
Yes - I understand that.
Should voluntary confessions such as your example be inadmissible? I would think would be more damaging than current practices. The idea being that if you haven't been speeding then you will not confess to speeding without some coercion which is illegal. If you have been speeding and volunteer that information it should be fair to use.
No?
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07-18-12, 07:19 PM #92Re: This is what happens when you dont know the law.
Depends on the interrogation.
Officer's can effectively lie to you up until the magic words are uttered "Am I being detained? Am I free to go?" If you Aren't free to leave, They Must read you Miranda.
A volunteered confession is awesome. It a closed case at that point. No argument here on that.
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07-19-12, 02:36 AM #93
Re: This is what happens when you dont know the law.
Police don't have the right to lie to you, but as far as my state goes there are no laws against it. Rarely does a police officer have to lie to you, but if he does it can be cited as coercion which is unlawful in most (all?) states. For example, a police officer can't try and talk his way into your house after you denied him entry, but guess what? If he enters the house, or your car, or searches your person and finds his probable cause then that coercion just got changed into a lawful investigation. In the report he is unlikely to write about the conversation in detail, and it becomes his word versus yours.
This guy was lookin' for a confrontation, yeah jaywalking is illegal, but I am sure you have jaywalked once in your life regardless if traffic was not around. Jaywalking is illegal though, and so gives them the ability to ask for your ID to write you a ticket. Now, in most states, or at least in mine, you do not have to carry ID on you if you are simply walking-- nor should you, because nowadays they can just look you up on the system. I don't see why the police responded to the escalation and didn't simply ask for his name, after which yeah, they could just take him in till they got all the info.
Were they within their limits as law enforcement officers? Yes. But to call out and write someone a ticket for jaywalking, just a revenue raising ticket, did they really have to take it so far? Probably not.
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07-19-12, 06:26 AM #94
Re: This is what happens when you dont know the law.
If you denied him entry he has to have probable cause to enter. Not enter and then find probable cause.
Those officers have every right and at this point in time a duty to stop his ass for jaywalking. This happened in the area i live and drive every day. These people around here are fucking retarded. I called casselberry pd (same station in the video) on a jaywalker 2 weeks ago. He crossed 17-92 (8 lanes wide where he was) walking slow as shit and throwing his hand up to stop traffic. Once wasn't good enough. Once across he walked 50 ft and did the exact same thing to get back to the other side of the street. Then he walked thru the staples parking lot and did the same exact thing to cross 436 (10 lanes wide where he crossed). I watched him almost get clipped by a car 5 times because he didn't even attempt to wait for a whole. He literally threw his arm up and walked into traffic.
Casselberry pd did exactly what they should have done with this idiot in the video. Oh and i guess its worth mentioning all 3 crosses the dipshit made that i told you about were within 200 ft of a cross walk. These people here dont care and its a problem for this area.the Micronaut liked this post
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07-19-12, 09:22 PM #96
Re: This is what happens when you dont know the law.
Those cops were just as stupid as the jaywalker. They couldn't get those cuffs on him without three shots from a tazer? How did geniuses like them survive before they invented the tazer? Ironically, as soon as the female police officer arrived the cuffs were on in 10 seconds. Maybe she is the only one that paid attention at the police academy.
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07-19-12, 10:22 PM #97
Re: This is what happens when you dont know the law.
We get it. You don't like cops. The whole "omgallcopsarecorruptfuckdapolice" got blown out of the water, so you take potshots at them having trouble arresting a guy bigger than them. Of course they could have been more physically forceful before pulling the taser out. But then you'd be bitching about them doing that too, I'm sure.
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