Since: Jun 12
#24 Jan 16, 2014
There is no question, they are detaining folks, they are violating your right to travel, your right to go freely unmolested, the 4th Amendment, the preamble, the declaration, Samuel Adams and the Sons of Liberty would not be pleased.
Since we(by we I mean you) like to copy and paste things other people have said to create a constructive argument I leave you with these words:
“The greatest dangers to liberty lurk in insidious encroachment by men of zeal. Well meaning, but without understanding. To declare that in the administration of the criminal law, the end justifies the means, to declare that the government may commit crimes in order to secure the conviction of a private -criminal, would bring terrible retribution.”-
Supreme Court Justice Louis Dembitz 1928
#26 Jan 19, 2014
#27 Jan 19, 2014
“If the natural tendencies of mankind are so bad that it is not safe to permit people to be free, how is it that the tendencies of these organizers are always good? Do not the legislators and their appointed agents also belong to the human race? Or do they believe that they themselves are made of a finer clay than the rest of mankind?”
― Frédéric Bastiat, The Law
Since: Sep 09
George County, MS. USA
#28 Jan 19, 2014
You have no right to use the roads illegally by having drugs or by being drunk. Again, George County does not initiate city stops. If they violate the law, then of course they are stopped and detained by any lawman, then checked out. Your own life and those you love were possibly saved by the method. Its the law made by those you elected to office.
Since: Sep 09
George County, MS. USA
#29 Jan 19, 2014
Some appear to have a different opinion
Here is a better solution than just "know your rights." Don't do anything illegal, stay sober and don't drive drunk, don't associate with criminals and then you won't have to exercise your rights in the first place.
• FromTheCarp Guest
My goodness. I've never read so much vitriol against a group of people whose only purpose is to serve and to protect. I find it hard to believe that so many folks feel that our police are like the SS or the NKVD. If you don't like the laws than talk or write to the legislators and don't give the cops an hard time. Holy Christopher. I worry more about my fellow citizens than I do about any potential problems with the police.
We are all on the same side it is called co-operation. The police are not the enemy here. If someone had just robbed you of your money or your car and the police set up a roadblock to try and catch the person, would you then agree that the robber should refuse to co-operate with the police and be allowed to leave? How about if he had just assaulted you badly? The police are trying to stop lawbreakers and keep us safe and secure. Citizenship also comes with a certain amount of responsibility. If you want to live without the benefits and responsibilities of citizenship, then perhaps a remote and isolated island would be preferable as there would be nobody there to commit crimes and no need for police.
In all likelihood these folks would yell for a cop if they were in trouble. There is no reason that these people couldn't comply with the authorities, These people are probably still complaining about the crazies who blew away the twin towers. Generally the people's responses are terrible..
Since: Sep 09
George County, MS. USA
#30 Jan 19, 2014
What the Miranda Rights Really Mean
By Robert Longley
The exact wording of the "Miranda Rights" statement is not specified in the Supreme Court's historic decision. Instead, law enforcement agencies have created a basic set of simple statements that can be read to accused persons prior to any questioning.
Here are paraphrased examples of the basic "Miranda Rights" statements, along with related excerpts from the Supreme Court's decision.
1. You have the right to remain silent.
The Court: "At the outset, if a person in custody is to be subjected to interrogation, he must first be informed in clear and unequivocal terms that he has the right to remain silent."
2. Anything you say can be used against you in a court of law.
The Court: "The warning of the right to remain silent must be accompanied by the explanation that anything said can and will be used against the individual in court."
3. You have the right to have an attorney present now and during any future questioning.
The Court: "...the right to have counsel present at the interrogation is indispensable to the protection of the Fifth Amendment privilege under the system we delineate today....[Accordingly] we hold that an individual held for interrogation must be clearly informed that he has the right to consult with a lawyer and to have the lawyer with him during interrogation under the system for protecting the privilege we delineate today."
4. If you cannot afford an attorney, one will be appointed to you free of charge if you wish.
The Court: "In order fully to apprise a person interrogated of the extent of his rights under this system then, it is necessary to warn him not only that he has the right to consult with an attorney, but also that if he is indigent a lawyer will be appointed to represent him. Without this additional warning, the admonition of the right to consult with counsel would often be understood as meaning only that he can consult with a lawyer if he has one or has the funds to obtain one.
The Court continues by declaring what the police must do if the person being interrogated indicates that he or she does want a lawyer...
"If the individual states that he wants an attorney, the interrogation must cease until an attorney is present. At that time, the individual must have an opportunity to confer with the attorney and to have him present during any subsequent questioning. If the individual cannot obtain an attorney and he indicates that he wants one before speaking to police, they must respect his decision to remain silent."
But -- You can be arrested without being read your Miranda Rights
The Miranda rights do not protect you from being arrested, only from incriminating yourself during questioning. All police need to legally arrest a person is "probable cause" -- an adequate reason based on facts and events to believe the person has committed a crime.
Police are required to "Read him his (Miranda) rights," only before interrogating a suspect. While failure to do so may cause any subsequent statements to be thrown out of court, the arrest may still be legal and valid.
Also without reading the Miranda rights, police are allowed to ask routine questions like name, address, date of birth, and Social Security number necessary to establishing a person's identity. Police can also administer alcohol and drug tests without warning, but persons being tested may refuse to answer questions during the tests.
Source: Court TV Legal Survival Guide
An Ironic Ending for Ernesto Miranda
Ernesto Miranda was given a second trial at which his confession was not presented. Based on the evidence, Miranda was again convicted of kidnapping and rape. He was paroled from prison in 1972 having served 11 years.
In 1976, Ernesto Miranda, age 34, was stabbed to death in a fight. Police arrested a suspect who, after choosing to exercise his Miranda rights of silence, was released.
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