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Gr8fulJ420
strange but nota stranger
Registered: 02/17/01
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Not getting read your Miranda Rights
#3959265 - 03/23/05 12:16 PM (19 years, 10 days ago) |
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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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Shroomism
Space Travellin
Registered: 02/13/00
Posts: 66,015
Loc: 9th Dimension
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Re: Not getting read your Miranda Rights [Re: Gr8fulJ420]
#3959277 - 03/23/05 12:18 PM (19 years, 10 days ago) |
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yes it could.. but you would have to prove it.. and they'll believe the cop over you.
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TinTree
thread killer(semi pro)
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Posts: 1,456
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Re: Not getting read your Miranda Rights [Re: Gr8fulJ420]
#3959290 - 03/23/05 12:20 PM (19 years, 10 days ago) |
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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.
-------------------- "I'm afraid of losing my obscurity. Genuineness only thrives in the dark. Like celery." - Aldous Huxley
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HeavyToilet
The Heaviest OfThem All
Registered: 08/06/03
Posts: 9,458
Loc: British Columbia
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Re: Not getting read your Miranda Rights [Re: Gr8fulJ420]
#3959305 - 03/23/05 12:23 PM (19 years, 10 days ago) |
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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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Harbinger
The Power of theRiff Compels Me
Registered: 08/12/03
Posts: 2,059
Loc: Far Away
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Re: Not getting read your Miranda Rights [Re: HeavyToilet]
#3959360 - 03/23/05 12:33 PM (19 years, 10 days ago) |
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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.
-------------------- Click the pic to hear some songs I've recorded.
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ivi
Registered: 01/30/03
Posts: 9,089
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Re: Not getting read your Miranda Rights [Re: Harbinger]
#3959381 - 03/23/05 12:36 PM (19 years, 10 days ago) |
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Quote:
Harbinger said: is proven they didn't read them
Now that is the hard part.
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Crass
Explorer of theMind
Registered: 01/22/03
Posts: 626
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Re: Not getting read your Miranda Rights [Re: Gr8fulJ420]
#3959405 - 03/23/05 12:40 PM (19 years, 10 days ago) |
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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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DigitalBuddha
The Wanderer
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Re: Not getting read your Miranda Rights [Re: Gr8fulJ420]
#3959434 - 03/23/05 12:45 PM (19 years, 10 days ago) |
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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.
-------------------- "The pioneers of a warless world are the youth who refuse military service" -Albert Einstein-
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danlennon3
LivingIsEasyWithEyesClosed.....
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Re: Not getting read your Miranda Rights [Re: Crass]
#3959440 - 03/23/05 12:45 PM (19 years, 10 days ago) |
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the miranda rights is the worst thing one can possibly hear
-------------------- "Psychedelics should be used not to escape reality, but to embrace it"
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Shroomism
Space Travellin
Registered: 02/13/00
Posts: 66,015
Loc: 9th Dimension
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Re: Not getting read your Miranda Rights [Re: danlennon3]
#3959476 - 03/23/05 12:47 PM (19 years, 10 days ago) |
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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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gdman
badger, badger,badger...
Registered: 12/10/02
Posts: 16,286
Loc: Dancing In the Streets
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Re: Not getting read your Miranda Rights [Re: Gr8fulJ420]
#3959508 - 03/23/05 12:49 PM (19 years, 10 days ago) |
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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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BigNerd
Sociable loner
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Re: Not getting read your Miranda Rights [Re: danlennon3]
#3959553 - 03/23/05 12:51 PM (19 years, 10 days ago) |
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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
-------------------- Sometimes karma needs a little help.
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LethalX5
Registered: 01/07/05
Posts: 2,176
Last seen: 7 years, 7 months
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Re: Not getting read your Miranda Rights [Re: BigNerd]
#3959673 - 03/23/05 01:02 PM (19 years, 10 days ago) |
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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.
-------------------- "To get what you've never had, You must do what you've never done."
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Gr8fulJ420
strange but nota stranger
Registered: 02/17/01
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Re: Not getting read your Miranda Rights [Re: gdman]
#3959733 - 03/23/05 01:13 PM (19 years, 10 days ago) |
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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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vinsue
Grand Old Fart
Registered: 02/17/04
Posts: 17,953
Loc: The Garden State(NJ)
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Re: Not getting read your Miranda Rights [Re: Gr8fulJ420]
#3959878 - 03/23/05 01:46 PM (19 years, 10 days ago) |
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I think gdman is right. Maybe an unlawful arrest defense?? Why was he cuffed?
-------------------- "All mushrooms are edible; but some only once." Croatian proverb. BTW ... Have You Rated Ythans Mom Yet ?? ... ... HERE'S HOW ... (be nice) . ...
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gdman
badger, badger,badger...
Registered: 12/10/02
Posts: 16,286
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Re: Not getting read your Miranda Rights [Re: Gr8fulJ420]
#3959940 - 03/23/05 02:01 PM (19 years, 10 days ago) |
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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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Dark_Star
train driver pervading a desktop
Registered: 08/20/04
Posts: 31,859
Loc: Uranus
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Re: Not getting read your Miranda Rights [Re: gdman]
#3960348 - 03/23/05 03:26 PM (19 years, 10 days ago) |
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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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daimyo
Monticello
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Re: Not getting read your Miranda Rights [Re: Gr8fulJ420]
#3960447 - 03/23/05 03:41 PM (19 years, 10 days ago) |
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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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TYL3R
Registered: 11/19/04
Posts: 17,493
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Re: Not getting read your Miranda Rights [Re: Dark_Star]
#3960466 - 03/23/05 03:44 PM (19 years, 10 days ago) |
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Ask the shroomery cop.
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Gr8fulJ420
strange but nota stranger
Registered: 02/17/01
Posts: 2,778
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Re: Not getting read your Miranda Rights [Re: gdman]
#3960481 - 03/23/05 03:47 PM (19 years, 10 days ago) |
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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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agr8fulchick
Feed Your Head!
Registered: 08/19/04
Posts: 707
Loc: Stranded in Iowa
Last seen: 12 years, 3 months
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Re: Not getting read your Miranda Rights [Re: Gr8fulJ420]
#3960520 - 03/23/05 03:56 PM (19 years, 10 days ago) |
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It should be noted that I saw one of the cops, and he was a cliche jar-head. He looks like the kind who wets his pants with excitement when he gets to pull someone over.
Speaking of getting pulled over, the "reason" he was pulled over in the first place was that he took an exit ramp that was before lots of signs saying that there were drug searches with K9 units being conducted. He could see the squad cars ahead of him on the highway, and everyone on the highway was being slowed down and sniffed by the dogs. Unfortunately, this exit ramp was the one that he would have taken even if the dogs hadn't been there, but when he took the ramp, there were two officers waiting for him there, assuming that he had taken the ramp to avoid a drug search- thereby giving them 'reasonable cause' to search his vehicle.
It's a real bummer they found anything. Pisses me off. What kind of police state do we live in where EVERYONE can be searched just for driving down the interstate?!?
-------------------- Life's a journey. Take the scenic route.
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Gr8fulJ420
strange but nota stranger
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Re: Not getting read your Miranda Rights [Re: agr8fulchick]
#3960541 - 03/23/05 04:00 PM (19 years, 10 days ago) |
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Quote:
agr8fulchick said: What kind of police state do we live in where EVERYONE can be searched just for driving down the interstate?!?
Amerika.
Fuck.
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agr8fulchick
Feed Your Head!
Registered: 08/19/04
Posts: 707
Loc: Stranded in Iowa
Last seen: 12 years, 3 months
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Re: Not getting read your Miranda Rights [Re: Gr8fulJ420]
#3960560 - 03/23/05 04:03 PM (19 years, 10 days ago) |
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Quote:
Gr8fulJ420 said:
Quote:
agr8fulchick said: What kind of police state do we live in where EVERYONE can be searched just for driving down the interstate?!?
Amerika.
Fuck.
-------------------- Life's a journey. Take the scenic route.
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Dark_Star
train driver pervading a desktop
Registered: 08/20/04
Posts: 31,859
Loc: Uranus
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Re: Not getting read your Miranda Rights [Re: agr8fulchick]
#3960575 - 03/23/05 04:05 PM (19 years, 10 days ago) |
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Reading that pisses me off.......I am not going sit by and watch this shit happen, I'm going to help make America the true land of the free or die trying.
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gdman
badger, badger,badger...
Registered: 12/10/02
Posts: 16,286
Loc: Dancing In the Streets
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Re: Not getting read your Miranda Rights [Re: agr8fulchick]
#3960630 - 03/23/05 04:13 PM (19 years, 10 days ago) |
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"guilty till proven innocent" I have been seething this more and more.
-------------------- 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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TinTree
thread killer(semi pro)
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Re: Not getting read your Miranda Rights [Re: agr8fulchick]
#3960829 - 03/23/05 04:58 PM (19 years, 10 days ago) |
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So sorry to hear about this, guys. Fight the power.
-------------------- "I'm afraid of losing my obscurity. Genuineness only thrives in the dark. Like celery." - Aldous Huxley
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phi1618
old hand
Registered: 02/14/04
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Re: Not getting read your Miranda Rights [Re: agr8fulchick]
#3960905 - 03/23/05 05:16 PM (19 years, 10 days ago) |
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Quote:
He could see the squad cars ahead of him on the highway, and everyone on the highway was being slowed down and sniffed by the dogs.
This is a violation of the fourth amendment, according to City of Indianapolis v. Edmond(2000). It is a common practice to post a sign like that, and then watch for people who get off at the exit.
However, when you take the next exit, you may create the "individualized suspicion" necessary for the stop, (see State of Missouri v Todd Mack(2002) - this is a decision by the Supreme Court of Missouri, but deals with a case very similar to your freind's) but I doubt it creates the "reasonable suspicion" necessary for the search.
If your freind gave up the pot and pipe when asked, or if a dog signaled on the car, or if your freind consented to a search, then I'm afraid there's a very good chance the search was legal.
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Rebirtha
I really like bread
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Posts: 5,680
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Re: Not getting read your Miranda Rights [Re: TinTree]
#3960933 - 03/23/05 05:21 PM (19 years, 10 days ago) |
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This is good info about being arrested: http://www.overgrow.com/growfaq/823
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Dark_Star
train driver pervading a desktop
Registered: 08/20/04
Posts: 31,859
Loc: Uranus
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Re: Not getting read your Miranda Rights [Re: Rebirtha]
#3960945 - 03/23/05 05:23 PM (19 years, 10 days ago) |
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Good info, thanks for posting it.
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PrisonSong
Stranger
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*edit *del
Edited by PrisonSong (04/06/05 07:11 PM)
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Adamist
ℚṲℰϟ✞ЇѺℵ ℛ∃Åʟḯ†У
Registered: 11/23/01
Posts: 10,211
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Re: Not getting read your Miranda Rights [Re: PrisonSong]
#3962213 - 03/23/05 09:45 PM (19 years, 10 days ago) |
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It's shit like this that makes me sympathize with terrorists... now if they'd only bomb police stations instead of skyscrapers...
-------------------- { { { ṧ◎ηḯ¢ αʟ¢ℌ℮мƴ } } }
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Dark_Star
train driver pervading a desktop
Registered: 08/20/04
Posts: 31,859
Loc: Uranus
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Re: Not getting read your Miranda Rights [Re: PrisonSong]
#3962298 - 03/23/05 09:58 PM (19 years, 10 days ago) |
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Tell the ACLU about that shit....if you really wanted to, you could start some major shit with this.....maybe get it brought to the Supreme Court. Don't let the bastards roll over you.
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