| Rochard |
06-07-2013 09:39 AM |
Quote:
Originally Posted by Rob
(Post 19658973)
Not true. A cop can detain you if he/she so chooses. But there has to be probable cause. They can't just come up and cuff you. That breaks your fundamental civil rights. In order to detain you or question you, the cop has to have a reason.
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I never said they can just come up and cuff you. Once they decide to arrest you or detain you, they can put cuffs on you.
Quote:
Originally Posted by Rob
(Post 19658973)
It's much different than a traffic ticket. You and cop BOTH knew what law you broke. You may plead ignorance, but you knew you were speeding. He has a laser showing you that you were speeding. What is there to argue? That's why the cop has to bring all of the laser's maintenance logs and test records into court, if you decide to take it to trial. There's a clear definition of what law was broken. He can't just go in there and say, "Well, he was going really fast. I'm sure he was speeding" - that would be subjective.
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It's exactly the same as a traffic ticket. People argue about traffic tickets all day long. A speeding ticket isn't always black and white. Here in Cali the speed limit is 65mph, yet we have laws about impeeding traffic and "going with the flow". If the flow of traffic is 85mph and you get pulled over, you can argue it on the side of the road until you are blue in the face.
Quote:
Originally Posted by Rob
(Post 19658973)
But a lot of that has to do with ill informed cops. When they detain you, they are supposed to advise you as to the reason why you're being detained and read your Miranda rights. Many of which can't even remember it and have to read it off a card. But instead, they just tell you to shut up, turn around, and try to detain you without any information as to why. That's when they drop you, get you into a couple of joint locks, and cuff you. And since you didn't "cooperate" for getting cuffed without cause, you're the bad guy. :helpme
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No, you are wrong. They are not required by law to read you your Miranda rights when you are arrested. You can be arrested, detained, and go all the way to trial without ever having been read your Miranda rights. Miranda rights are only required when they question you AND plan on using your statements against you in court.
From Wikipedia:
Thus, if law enforcement officials decline to offer a Miranda warning to an individual in their custody, they may 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.
Typically police officials will read you the Miranda rights when arrested to cover their asses in case you confess everything during the ride to jail and then later recant it during questioning.
Also, police don't read off of cards because they are "stupid". They read it off of a card so two years later in a court of a law they can say "I read it off of the card according to our policy" instead of saying "I read him his Miranda rights but I'm not sure if I covered all of the required points". |
