|
fastfred
Old Hand



Registered: 05/17/04
Posts: 6,899
Loc: Dark side of the moon
|
Re: Commonly Misunderstood U.S. Legal Principles; Work in Progress [Re: johnm214]
#7725781 - 12/06/07 07:02 PM (16 years, 1 month ago) |
|
|
Great thread John! Maybe a mod could sticky this for awhile until it gets turned into a FAQ. The case law included is gold and really makes the points clear.
I see a ton of misconceptions and urban legends that just won't die. Here are some you might add...
Confusions between attempt, conspiracy, and intent.
A cop has to tell you that he's a cop if you ask.
A cop can't break the law when he's undercover or can't use drugs himself.
Conditions for warrants and what can be obtained with and without one. Ex. phone records vs. phonetaps, garbage vs. personal effects, etc.
Confusion between reasonable suspicion, probable cause, and articulable suspicion. And circumstances where each applies.
Interrogation rules, requesting a lawyer be present, etc.
Miranda rights and what happens when you're arrested without being read your rights. I see that one a lot where people think the whole case is bogus because they didn't get read their rights when it really has no bearing.
I'm sure there are a lot more, but I bet that'll keep you busy for some time. I'm sure I'll learn a few things too.
-FF
|
fastfred
Old Hand



Registered: 05/17/04
Posts: 6,899
Loc: Dark side of the moon
|
Re: Commonly Misunderstood U.S. Legal Principles; Work in Progress [Re: johnm214]
#7725981 - 12/06/07 07:57 PM (16 years, 1 month ago) |
|
|
Quote:
johnm214 said: I really don't know what to say about the "ask if they're a cop" thing... I have never found any support for that, and even tried to find a case regarding it. It such a stupid notion there is really no authority on it, cuz nobody ever really advanced the idea.
There is an urban legend that if you ask someone if they are a cop they have to admit weather they are or not.
I know how stupid that sounds, but I have seen quite a few people think that it's true. I've encountered this falsehood both online and in person quite a few times. It would be good to just clear the air and dispel this one even if there is no case law or statutes to use as reference.
One other area I came up with that might be good to include is differences in what the government can get away with vs. what non-government entities vs. what non-law enforcement government agencies can get away with. I'm not really sure what I mean there exactly, but I imagine that there are case law differences. An example might be what specifically a landlord vs. cops vs. CPS vs. building inspector vs. fire marshals could legally do to you. I know that's a bit vague and maybe needs some further development.
-FF
|
fastfred
Old Hand



Registered: 05/17/04
Posts: 6,899
Loc: Dark side of the moon
|
Re: Commonly Misunderstood U.S. Legal Principles; Work in Progress [Re: fastfred]
#7726016 - 12/06/07 08:06 PM (16 years, 1 month ago) |
|
|
I think this will make a really good S&S FAQ.
A couple more thoughts... There is a lot of confusion around hearsay and what is admissible as far as evidence and testimony.
Perhaps you could clarify what hearsay is and when it is and isn't admissible in court.
Another one is percipient knowledge. People are often confused by hearsay vs. suspicion vs. rumors vs. character testimony vs. percipient knowledge.
Good luck researching and writing this up, I know that it's a lot on your plate.
-FF
|
fastfred
Old Hand



Registered: 05/17/04
Posts: 6,899
Loc: Dark side of the moon
|
Re: Commonly Misunderstood U.S. Legal Principles; Work in Progress [Re: Seuss]
#7729103 - 12/07/07 02:52 PM (16 years, 1 month ago) |
|
|
Thanks Seuss. I'm sure you have a few things to contribute too.
One other thing I thought of is a section on misconceptions that can lead to interaction with the law.
When I was just a kid in school they taught us about how England used to jail people who owed money. They told us what a backwards and barbaric practice it was, and that they don't do it in the US.
So I was totally shocked when I was arrested at my home and then jailed for a $212 unpaid fine. I really thought that I had some sort of constitutional protection against that sort of thing.
I realize that it's a state-by-state issue, but just the mention that it still happens might save a few people from this BS.
-FF
Edited by fastfred (12/07/07 03:38 PM)
|
fastfred
Old Hand



Registered: 05/17/04
Posts: 6,899
Loc: Dark side of the moon
|
Re: Commonly Misunderstood U.S. Legal Principles; Work in Progress [Re: FellowGrower]
#10468981 - 06/08/09 12:48 AM (14 years, 7 months ago) |
|
|
Quote:
It sickens me that in America we still have bad cops. But the fact is, we still have bad cops all over this great country. All we can do is hope and pray that the cop we have to talk too is a good cop working on the right side of the law.
This is a good point to highlight. Most cops are dirty, sick mother fuckers.
Of the 6 cops that managed to apprehend the guy all 6 beat the living shit out of a guy in a coma without knowing any of the facts.
And for those 6 dirty, sick bastard cops there are certainly another 12 cops that did nothing to stop it and helped cover up for those cops. That's an important lesson to learn about cops... There are inhuman fucks that will beat a dead body if they get a chance and there are those cops that will cover up for them. That's basically the only two kinds of cops there are in this country.
They are either flat out dirty cops or they cover for the dirty ones. A good, honest cop is 1 in a 100.
So beware! That is one of the hardest lessons to learn because learning it for yourself usually fucks your life up pretty good.
-FF
|
fastfred
Old Hand



Registered: 05/17/04
Posts: 6,899
Loc: Dark side of the moon
|
Re: Commonly Misunderstood U.S. Legal Principles; Work in Progress [Re: lagreenlife]
#10792870 - 08/03/09 03:14 PM (14 years, 5 months ago) |
|
|
Quote:
if you were not read your rights, it can be found on the copcarcam, as well as your arrest, in which they clearly abused their power as law enforcers (very commonly done), and thus will most likely get your charges wiped clean
Funny that this is posted in this thread. Dumbasses are always saying stuff like this.
99.9999895% of the time it doesn't matter jack shit if they read you your rights or not. All getting your rights read to you matters is if they want to question you AFTER you're arrested. Otherwise it doesn't matter jack shit, and why would they arrest you if they didn't already have enough on you?
They can use anything you said before you were arrested and anything you say after you've been read your rights.
Suppose you don't get read your rights? Guess what? They just can't use what you said to them AFTER you were arrested. 99.99% of the time this doesn't mean jack shit to the case anyways. No dropped case, no charges dismissed, nothing of the sort.
Unless their whole case comes down to something you said after being arrested but before being read your rights then it doesn't help you one bit. That almost never happens.
-FF
|
fastfred
Old Hand



Registered: 05/17/04
Posts: 6,899
Loc: Dark side of the moon
|
Re: Commonly Misunderstood U.S. Legal Issues +The Mail and The Law [Re: Action Jackson]
#12843224 - 07/03/10 01:37 AM (13 years, 6 months ago) |
|
|
LOL
|
|