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Location: The Land Mass Between NOLA and Mobile, AL
1,796 posts, read 1,661,814 times
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Quote:
Originally Posted by BurtsBees
No, you don't get Miranda before you're cuffed, or even after. Only during custodial interrogation. Just another Law and Order dork LOL. You were detained and probably running your mouth or acting like a buffoon, thus why you were cuffed. You don't have to be big to present any danger or threat to them. Like I said, women can be the worst opponent for a male officer.
Are you a cop? Here is the case law. And I wasn't "running my mouth off." I said, "if you are placing me under arrest, then do it properly. If not, then you have no right to touch me." Under the law of this land, I was right. That is way this rookie cop's commanding officer agreed with me, and I only backed off of filing a complaint because I felt sorry for the commanding officer, who was himself experiencing a hiring crunch. I have explained this in detail previously.
From the quoted language from an appellate MA court cited in this ruling, being "in custody" includes being handcuffed. If one is in handcuffs, one can assume that one is in custody. Why else would one be restrained? Do you really want to live in a country where cops can pull people over willy-nilly, handcuff obviously unarmed people, and then go on a five minute wild goose chase for so-called evidence of a crime? I had no idea then, and still have no idea, why I was pulled over in the first place. I suspect I was targeted because of my earlier, perfectly legal encounter with that cop.
But, the point is, I did nothing wrong in any of the situations I described. Absolutely nothing. If you want to, Burts Bees, go dig up the original Supreme Court Miranda Decision from 1966. I'd be happy to argue over that document with you, but it has been the law of the land for 43 years.
The central thing we are disagreeing about here is "custodial interrogation." Define "custodial." The court has defined "custodial" as including those situations where hand cuffs are used. Your definition obviously differs. Why is your definition superior?
I was the only one at that counter. The sales clerk were helping some customer across the store. Nobody else were there. The couple that came in walked up right next to me. My handbag was as close to them as it was to me.
And are you always this naive?
do you always assume people will steal from you in broad daylight in a store with cameras in it?
I do not think that people should not be at certain areas. All I am saying is that if a all black neighborhood suddenly one day get a lonely white guy randomly strolling around on the streets, then it is likely he is looking for more then just sightseeing? Same goes the other way around.
If a white male is driving up and down parts of Lamar Ave in Memphis, then it is very likely he is looking to pick up prostitutes. But then again, maybe he is just lost. If the person doesn't "fit in" then maybe it is a good chance he is up to no good. DOesn't mean it has to be that way. But often, that is the case.
So because a neighborhood is all black you assume there is something else to be looking for? Very presumptive on your part. You do know there are white prostitutes and drug dealers too?
You are at the very least profiling if not being racist.
It's really good that you were patient enough to make them go through the process of getting a warrant. I hope they learned something. I'm sure that they thought that your insistence on a warrant proved you were guilty, somehow. When they found out otherwise, they must have felt really, really stupid. I hope that that somewhat humiliating experience made them think twice before doing it again.
Even though I'm white, I had something kind of similar happen to me. I've read about the Panthers, and I know their basic strategy at first was to observe police activities from a legal distance and basically speak freely about what they saw. Without my planning on it, I came across a situation where I saw two white cops seemingly harassing a bunch of brown people in a car. From a distance of about 20 feet, I said, "why did you pull these people over?" One of them said, "this is none of your business--you could be arrested for impeding an investigation." I said, "is this an investigation?" He said, "wait." He let the people go, and then he said, "you should be careful about talking to police when they are on police business." I said, "why?" He said, "you could get arrested." I said, "if your job is to increase public safety, then I don't know why arresting me would do any good, because I have the same goal as you do." You can imagine the rest of that conversation.
Later, that same cop (with the same partner) pulled me over. In my ashtray were two cigarettes that I had rolled myself--they could have been joints. When he saw them, he asked me to step out of the car. I told him they were just tobacco. He told me to shut up and put my hands behind my back. I asked him to at least Mirandize me--he cuffed me anyway. I weigh 100 pounds soaking wet--what could I do? His partner picked up the butts, smelled them, looked at the other guy, and said, "it's just tobacco." The other guy took the cuffs off of me and my companion, who is now my boyfriend, and let us go.
I called the department the next day to complain. The real story was that in Texas that year, 1999, there was such a shortage of city cops in Austin that they pulled in highway patrolmen to fill in. They didn't have time to train them yet. The chief was very apologetic, so I decided to let it go. I gave him the time and place of the stop, and he said he would talk to that officer, admitting that he had a pretty good idea who it was already.
End of story--this is serious, and everyone should care.
And thank you, organick, for making the police do their job right.
I doubt they learned much but to me it's about envoking your rights. You know what they say "if you don't use it you lose it"
So did you assume that they were harassing the other drivers in the other car or did you know for a fact? Do you usually interfere with police-work? Do you always argue with the police when they pull you over. Lets pretend that you were a cop that pulled over a gal like yourself, and you saw two rolled cigarettes that could be joints. What would you do?
And FYI, what does you weight has to do with anything?
hmmmmmm maybe said whats that in your ash tray? See she was illegally detained. She had a right not to get out of the car.
No, you don't get Miranda before you're cuffed, or even after. Only during custodial interrogation. Just another Law and Order dork LOL. You were detained and probably running your mouth or acting like a buffoon, thus why you were cuffed. You don't have to be big to present any danger or threat to them. Like I said, women can be the worst opponent for a male officer.
you are right about the miranda. She should have refused to get out of the car in the first place. There was no legit probable cause.
Are you a cop? Here is the case law. And I wasn't "running my mouth off." I said, "if you are placing me under arrest, then do it properly. If not, then you have no right to touch me." Under the law of this land, I was right. That is way this rookie cop's commanding officer agreed with me, and I only backed off of filing a complaint because I felt sorry for the commanding officer, who was himself experiencing a hiring crunch. I have explained this in detail previously.
From the quoted language from an appellate MA court cited in this ruling, being "in custody" includes being handcuffed. If one is in handcuffs, one can assume that one is in custody. Why else would one be restrained? Do you really want to live in a country where cops can pull people over willy-nilly, handcuff obviously unarmed people, and then go on a five minute wild goose chase for so-called evidence of a crime? I had no idea then, and still have no idea, why I was pulled over in the first place. I suspect I was targeted because of my earlier, perfectly legal encounter with that cop.
But, the point is, I did nothing wrong in any of the situations I described. Absolutely nothing. If you want to, Burts Bees, go dig up the original Supreme Court Miranda Decision from 1966. I'd be happy to argue over that document with you, but it has been the law of the land for 43 years.
The central thing we are disagreeing about here is "custodial interrogation." Define "custodial." The court has defined "custodial" as including those situations where hand cuffs are used. Your definition obviously differs. Why is your definition superior?
it is a kind of fuzzy area. and this may vary state by state but some places you can be cuffed for a short time before being actually arrested.
However the supreme court is about to get a case and may decide that police need to be more open with the fct you have a right to an attorney during any sort of interogations, which would technically include road side searches.
I wonder, if I were to theoretically comment on how I oppose racial profiling and that I am part jewish, how long it would be before the anti-black racists would zero in on their crazed nazi ''zion' talk here?
do you always assume people will steal from you in broad daylight in a store with cameras in it?
Pffft, it happens ANYWHERE at ANYTIME. You're ignorant to think otherwise. Ever talk to someone who works in Asset Protection at a store? Broad daylight with cameras in it....nah, people won't steal.
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LOL. You were detained and probably running your mouth or acting like a buffoon, thus why you were cuffed. You don't have to be big to present any danger or threat to them. Like I said, women can be the worst opponent for a male officer.
