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OfflineGr8fulJ420
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Not getting read your Miranda Rights
    #3959265 - 03/23/05 02:16 PM (12 years, 2 months ago)

If you are arrested, and the arresting officer does not read you your Miranda rights, can that be used to your advantage in court? Any advice you can offer would be much appreciated.

-gr8fulj


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InvisibleShroomismM
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Re: Not getting read your Miranda Rights [Re: Gr8fulJ420]
    #3959277 - 03/23/05 02:18 PM (12 years, 2 months ago)

yes it could.. but you would have to prove it.. and they'll believe the cop over you.


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OfflineTinTree
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Re: Not getting read your Miranda Rights [Re: Gr8fulJ420]
    #3959290 - 03/23/05 02:20 PM (12 years, 2 months ago)

Yes. Any confession or testimony extracted before you are informed of your rights is generally null and void. It will generally not rule out physical evidence, however.


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"I'm afraid of losing my obscurity. Genuineness only thrives in the dark. Like celery."
- Aldous Huxley


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InvisibleHeavyToilet
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Re: Not getting read your Miranda Rights [Re: Gr8fulJ420]
    #3959305 - 03/23/05 02:23 PM (12 years, 2 months ago)

I read an article about a grow op raid.

They went in there found a bunch of plants, but the charges were thrown out in court because the persons rights weren't read to them properly.

So yes, it can definitely be used as an advantage.


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OfflineHarbinger
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Registered: 08/12/03
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Re: Not getting read your Miranda Rights [Re: HeavyToilet]
    #3959360 - 03/23/05 02:33 PM (12 years, 2 months ago)

I remember hearing from a cop back in high school that if they don't read them and is proven they didn't read them, all charges can be dropped.


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Offlineivi
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Registered: 01/30/03
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Re: Not getting read your Miranda Rights [Re: Harbinger]
    #3959381 - 03/23/05 02:36 PM (12 years, 2 months ago)

Quote:

Harbinger said:
is proven they didn't read them




Now that is the hard part.


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OfflineCrass
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Re: Not getting read your Miranda Rights [Re: Gr8fulJ420]
    #3959405 - 03/23/05 02:40 PM (12 years, 2 months ago)

Not in all cases, for certain crimes they don't have to read them. I'm not sure which ones though.


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OfflineDigitalBuddha
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Re: Not getting read your Miranda Rights [Re: Gr8fulJ420]
    #3959434 - 03/23/05 02:45 PM (12 years, 2 months ago)

I was told a while back by a police officer that they are trying to get rid of the miranda rights and that cops didn't have to read them to you. But, he was some backwoods alabama bumpkin so i don't he knows very much.


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Offlinedanlennon3
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Re: Not getting read your Miranda Rights [Re: Crass]
    #3959440 - 03/23/05 02:45 PM (12 years, 2 months ago)

the miranda rights is the worst thing one can possibly hear


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"Psychedelics should be used not to escape reality, but to embrace it"



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InvisibleShroomismM
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Re: Not getting read your Miranda Rights [Re: danlennon3]
    #3959476 - 03/23/05 02:47 PM (12 years, 2 months ago)

you have the right to remain silent (gee... thanks) anything you say CAN and WILL be USED AGAINST YOU in a court of law


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Invisiblegdman
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Re: Not getting read your Miranda Rights [Re: Gr8fulJ420]
    #3959508 - 03/23/05 02:49 PM (12 years, 2 months ago)

They only really need to read those if they are going to question you, if they are not, then they don't have to read them.


--------------------


Got a question about a substance?  Erowid might already have your answer! Have questions about the  mushroom experience? The  Tripper's FAQ may have your answer or someone else might have had your question before.
         
I know up on the top you are seeing great sights, but down at the bottom we, too, should have rights.
  - Theodor Seuss Geisel Dr. Suess

"I didn't come here to be easily understood" - Steve


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OfflineBigNerd
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Re: Not getting read your Miranda Rights [Re: danlennon3]
    #3959553 - 03/23/05 02:51 PM (12 years, 2 months ago)

Quote:

danlennon3 said:
the miranda rights is the worst thing one can possibly hear




"We don't really know what the hell is wrong with you, but it looks like you have about a week to live."--your doctor


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Sometimes karma needs a little help.


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OfflineLethalX5
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Re: Not getting read your Miranda Rights [Re: BigNerd]
    #3959673 - 03/23/05 03:02 PM (12 years, 2 months ago)

Quote:

BigNerd said:
Quote:

danlennon3 said:
the miranda rights is the worst thing one can possibly hear




"We don't really know what the hell is wrong with you, but it looks like you have about a week to live."--your doctor




Well at least for that week you can do pretty much whatever the fuck you want. I mean it sucks you gotta die but you get to do pretty much anything without consequences for yourself and go out with a bang. instead of getting stuck in prison and getting banged.


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"To get what you've never had, You must do what you've never done."


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OfflineGr8fulJ420
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Re: Not getting read your Miranda Rights [Re: gdman]
    #3959733 - 03/23/05 03:13 PM (12 years, 2 months ago)

Quote:

gdman said:
They only really need to read those if they are going to question you, if they are not, then they don't have to read them.





That is what I am afraid of. My friend was cuffed, placed in the car, and hauled off without his rights read, but they did not question him at all. Evidence was found in his backpack, however, which is being charged for posessing. He did not say anything and no questions were asked of him.


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Invisiblevinsue
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Re: Not getting read your Miranda Rights [Re: Gr8fulJ420]
    #3959878 - 03/23/05 03:46 PM (12 years, 2 months ago)

I think gdman is right. Maybe an unlawful arrest defense?? Why was he cuffed?


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"All mushrooms are edible; but some only once." Croatian proverb. BTW ...
  Have You Rated Ythans Mom Yet ?? ... :taser:  ... HERE'S HOW ... (be nice) .  :mod: ... :peace:


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Invisiblegdman
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Re: Not getting read your Miranda Rights [Re: Gr8fulJ420]
    #3959940 - 03/23/05 04:01 PM (12 years, 2 months ago)

taken from: http://www.usconstitution.net/miranda.html

Quote:

The following is a minimal Miranda warning, as outlined in the Miranda v Arizona case.

You have the right to remain silent. Anything you say can and will be used against you in a court of law. You have the right to be speak to an attorney, and to have an attorney present during any questioning. If you cannot afford a lawyer, one will be provided for you at government expense.

The following is a much more verbose Miranda warning, designed to cover all bases that a detainee might encounter while in police custody. A detainee may be asked to sign a statement acknowledging the following.

You have the right to remain silent and refuse to answer questions. Do you understand?
Anything you do say may be used against you in a court of law. Do you understand?
You have the right to consult an attorney before speaking to the police and to have an attorney present during questioning now or in the future. Do you understand?
If you cannot afford an attorney, one will be appointed for you before any questioning if you wish. Do you understand?
If you decide to answer questions now without an attorney present you will still have the right to stop answering at any time until you talk to an attorney. Do you understand?
Knowing and understanding your rights as I have explained them to you, are you willing to answer my questions without an attorney present?




Quote:

Note that one need not be Mirandized to be arrested. There is a difference between being arrested and being questioned. Also, basic questions, such as name, address, and Social Security number do not need to be covered by a Miranda warning. The police also need not Mirandize someone who is not a suspect in a crime.




Basically these are the rights of people who are suspected of a crime and are going to be questioned. These rights will protect people from self-incrimination, etc.

If your friend was found in possession of something, and they just want to take him in for that and don't want to question him. They don't have to read him those rights. Best of luck to your friend.


--------------------


Got a question about a substance?  Erowid might already have your answer! Have questions about the  mushroom experience? The  Tripper's FAQ may have your answer or someone else might have had your question before.
         
I know up on the top you are seeing great sights, but down at the bottom we, too, should have rights.
  - Theodor Seuss Geisel Dr. Suess

"I didn't come here to be easily understood" - Steve


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InvisibleDark_Star
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Re: Not getting read your Miranda Rights [Re: gdman]
    #3960348 - 03/23/05 05:26 PM (12 years, 2 months ago)

Yeah, but if they had no probable cause to search him it could still get thrown out. Gr8fulJ420, look into all of the details of this case, your friend may have a good chance of getting off.


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Offlinedaimyo
Monticello

Registered: 05/13/04
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Re: Not getting read your Miranda Rights [Re: Gr8fulJ420]
    #3960447 - 03/23/05 05:41 PM (12 years, 2 months ago)

The only advice I can offer is to plead NOT guilty every time. Before it gets to a jury you will have the charges dropped, or a nice deal.
Also, if by some chance it does make it to a trial with jury and all, HAVE A LAWYER!


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"I have sworn upon the altar of God eternal hostility against every form of tyranny over the mind of man."


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InvisibleTYL3R
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Re: Not getting read your Miranda Rights [Re: Dark_Star]
    #3960466 - 03/23/05 05:44 PM (12 years, 2 months ago)

Ask the shroomery cop. :piggy:


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OfflineGr8fulJ420
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Re: Not getting read your Miranda Rights [Re: gdman]
    #3960481 - 03/23/05 05:47 PM (12 years, 2 months ago)

he was issued a ticket for posession of weed and paraphenalia, which he willingly gave up to the police. When they did a thorough search of his vehicle they found what they believed to be magic mushrooms in a bag inside his backpack. once they found those they arrested him, cuffed him and took him away. My lady and I bailed him out as soon as he called us after his bond hearing.

according to what he told me, he had eaten some mush while camping over the weekend, and later dumped a package of raisinettes into the baggie which had contained his dried fungus. So the police essentially found a baggie containing mostly raisinettes, with maybe some shroom poder or a few small caps or stems in the bottom of it. we are betting they thought the whole bag was choco-covered mushrooms though... so I hope they have to spend a lot of time at the lab testing all those raisins to prove they aren't mush!

anway.... after they found that he was cuffed, not read his rights (and likewise not questioned either) and then taken to jail where he contacted us. He goes back to enter his plea in two weeks.


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