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Le_Canard
The Duk Abides


Registered: 05/16/03
Posts: 94,392
Loc: Earthfarm 1
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Re: You "Law Experts" out there [Re: Prisoner#1]
#14336702 - 04/23/11 01:28 AM (12 years, 10 months ago) |
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Quote:
Prisoner#1 said:
Quote:
ToiletDuk said: Even if it became an issue, the cops would just lie in court and say they Miranda'd your friend.
they cant just lie, in order to have mirandized him they have to read him his rights from the piece of paper that he has to sign that acknowledges that he's been read his rights and understands them
Oh. It's been a while since I've been arrested.
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rackem



Registered: 11/27/09
Posts: 14,024
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Re: You "Law Experts" out there [Re: Le_Canard]
#14336750 - 04/23/11 01:43 AM (12 years, 10 months ago) |
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under certain circumstances they dont have to read them.
dui is one of them and any time you already admit guilt thats it. (double check on the later but that is how i understand the law to be as it sits) i have been arrested and have not heard the miranda rights before
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KillerPicklez



Registered: 12/13/07
Posts: 16,920
Loc:
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Re: You "Law Experts" out there [Re: Le_Canard]
#14336770 - 04/23/11 01:48 AM (12 years, 10 months ago) |
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If they claim they do, the entire interview was recorded and no where on that tap will it show that he was read his rights (because he wasnt), which is required by law.
Fucked up part is, cops were there because he called them to serve an order of protection to some guy who had been threatening him
I hope he doesnt end up doing too much time. He also has the False Reporting to law enforcement which is a M1, likely to be dropped if he takes a plea to the Trespassing charge. imo.
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Le_Canard
The Duk Abides


Registered: 05/16/03
Posts: 94,392
Loc: Earthfarm 1
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Well, maybe they'll give him a break since he confessed and trespassing isn't all that terrible a charge.
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rackem



Registered: 11/27/09
Posts: 14,024
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i would suggest your friend gettign something better that a pd.
try to work out some sort of payment play with them cause just to press the loop hole issue.
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Prisoner#1
Even Dumber ThanAdvertized!


Registered: 01/22/03
Posts: 193,665
Loc: Pvt. Pubfag NutSuck
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Re: You "Law Experts" out there [Re: Le_Canard]
#14336778 - 04/23/11 01:51 AM (12 years, 10 months ago) |
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Quote:
ToiletDuk said:
Quote:
Prisoner#1 said:
Quote:
ToiletDuk said: Even if it became an issue, the cops would just lie in court and say they Miranda'd your friend.
they cant just lie, in order to have mirandized him they have to read him his rights from the piece of paper that he has to sign that acknowledges that he's been read his rights and understands them
Oh. It's been a while since I've been arrested.
yeah but that was back in the day before they even had miranda rights and could still beat you with a rubber hose to get a confession
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Le_Canard
The Duk Abides


Registered: 05/16/03
Posts: 94,392
Loc: Earthfarm 1
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Re: You "Law Experts" out there [Re: Prisoner#1]
#14336780 - 04/23/11 01:53 AM (12 years, 10 months ago) |
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I'm not that old! Besides, you ain't that far behind me, old man.
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Prisoner#1
Even Dumber ThanAdvertized!


Registered: 01/22/03
Posts: 193,665
Loc: Pvt. Pubfag NutSuck
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Re: You "Law Experts" out there [Re: Le_Canard]
#14336783 - 04/23/11 01:54 AM (12 years, 10 months ago) |
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oh yeah... you got any geritol you can spare?
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Le_Canard
The Duk Abides


Registered: 05/16/03
Posts: 94,392
Loc: Earthfarm 1
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Re: You "Law Experts" out there [Re: Prisoner#1]
#14336787 - 04/23/11 01:55 AM (12 years, 10 months ago) |
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Hush you, or I'll grease up your walker again.
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Prisoner#1
Even Dumber ThanAdvertized!


Registered: 01/22/03
Posts: 193,665
Loc: Pvt. Pubfag NutSuck
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Re: You "Law Experts" out there [Re: Le_Canard]
#14336799 - 04/23/11 02:00 AM (12 years, 10 months ago) |
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I'll cut the strings on my girdle, we'll see how ya like that
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Le_Canard
The Duk Abides


Registered: 05/16/03
Posts: 94,392
Loc: Earthfarm 1
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Re: You "Law Experts" out there [Re: Prisoner#1]
#14336803 - 04/23/11 02:01 AM (12 years, 10 months ago) |
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Not that! And I'm all out of Depends too.
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rackem



Registered: 11/27/09
Posts: 14,024
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Re: You "Law Experts" out there [Re: Le_Canard]
#14336808 - 04/23/11 02:02 AM (12 years, 10 months ago) |
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i think wal marts having a sale
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Dosile Kouki
derp


Registered: 03/08/10
Posts: 14,963
Loc: Paradise
Last seen: 11 years, 7 months
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if you have prior offences, that is going to make things alot more difficult for you, and you probably wont be able to get a no conviction ruling.
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Shroomism
Space Travellin



Registered: 02/13/00
Posts: 66,015
Loc: 9th Dimension
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Everything you say or do can and will be held against you in a court of law.
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KillerPicklez



Registered: 12/13/07
Posts: 16,920
Loc:
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Re: You "Law Experts" out there [Re: Shroomism]
#14337223 - 04/23/11 06:35 AM (12 years, 10 months ago) |
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so what is an unlawful confession?
It's not me that is in trouble it's one of my good buddies. I just dont see how it could be used in court if he was never read his rights.
He is still locked up right now on the charges awaiting his first court appearance which will just be a pre-trail and he will probably get his first plea deal then as well
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Dosile Kouki
derp


Registered: 03/08/10
Posts: 14,963
Loc: Paradise
Last seen: 11 years, 7 months
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you sit in the interview room. they tape it and probably film it. they ask you questions in relations to crimes. you admit to committing a crime of your own will. thus this is evidence. thus you are guilty of the crimes you admit to, unless you can rebut this presumption.
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KillerPicklez



Registered: 12/13/07
Posts: 16,920
Loc:
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Re: You "Law Experts" out there [Re: Dosile Kouki]
#14337228 - 04/23/11 06:42 AM (12 years, 10 months ago) |
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He was asked questions at his own house, while having the police our serving an order of protection against someone who was at his house. Then got hit with the charge.
I just read this though; and this was kinda my hunch
The Miranda Warning is a police warning which is given to criminal suspects who are in the custody of law enforcement in the United States before they can ask questions regarding what took place during the crime.
Law enforcement can only ask for specific information such as name, date of birth and address without having to read the suspects their Miranda warnings. Confessions and other information that you provide them will not make up admissible evidence unless you have been made aware of and waived your "Miranda rights".
The Miranda warnings were mandated by the 1966 United States Supreme Court decision in the case of Miranda v. Arizona as to protect a criminal suspect's Fifth Amendment right to help avoid self-incrimination during police interrogation. This was once referred to as undergoing the ‘third degree.’
edit- His whole questioning outside our house was taped so if replayed in court it will show that he was never read his rights.
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makaveli8x8
Stranger

Registered: 02/28/06
Posts: 21,636
Last seen: 7 years, 8 months
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so when he was taken in, did he also restate his confession and sign it at the station?
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  We were sent to hell for eternity Ø h® We play on earth to pass the time Over-population the root of all Evil-brings the Elites Closer to the gates.
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KillerPicklez



Registered: 12/13/07
Posts: 16,920
Loc:
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Re: You "Law Experts" out there [Re: makaveli8x8]
#14337252 - 04/23/11 07:03 AM (12 years, 10 months ago) |
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Quote:
makaveli8x8 said: so when he was taken in, did he also restate his confession and sign it at the station?
no.
he was booked, cited, and released. he only went to jail because he had an outstanding warrant for missing a court date awhile back.
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makaveli8x8
Stranger

Registered: 02/28/06
Posts: 21,636
Last seen: 7 years, 8 months
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weird, i always thought you had to sign a confession to make it official. I mean obviously they can use anything you say against you but i didn't think that applied to a confession, i mean i thought if it wasn't signed then it wasn't "proof" yet, just evidence. for example he could have been under the influence, intimidated/pushed into the confession, etc which is why i thought they could only be done at the station with a witness/lawyer present. However even if this was the case, there's video that would most likely show otherwise in regards to some of that
I think the problem here tho is that he confessed before he was under arrest, so the miranda rights thing might not apply, so they didn't have to ask him anything after he was arrested. i mean does a cop have to stop everyone midsentence to read them there rights incase they confess a crime? lol he basically walked up to a cop and said take me in
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  We were sent to hell for eternity Ø h® We play on earth to pass the time Over-population the root of all Evil-brings the Elites Closer to the gates.
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