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Old 08-11-09, 01:32 PM
V18 V18 is offline
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Question miranda rights

i was pulled over for speeding and i dont have my liscense so wen he pulled me over he asked for my liscense and i told him i didnt have them and then he asked for my id and i had forgot my wallet at home cause i was dropping my girlfriend off at work and goin back home so he asked for my social security number and then he left and came back to the truck and asked were i was from i told him were i was from then he asked me was i drunk i wasnt so he left again and another officer came and asked me the same questions and then he asked me to step out of the car and i went to the back of the truck and he arrested me and put me in the car and then he searched the truck and my girlfriends purse and didnt find anything and wen he arrested me neither cops read me no rights and when i was bein put in handcuffs he questioned me i cant remember wat all he asked and i spent the night in jail but by them doin all that and not reading me no rights is there anything i can do about that??
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Old 08-11-09, 01:40 PM
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Quote:
Originally Posted by V18 View Post
i was pulled over for speeding and i dont have my liscense so wen he pulled me over he asked for my liscense and i told him i didnt have them and then he asked for my id and i had forgot my wallet at home cause i was dropping my girlfriend off at work and goin back home so he asked for my social security number and then he left and came back to the truck and asked were i was from i told him were i was from then he asked me was i drunk i wasnt so he left again and another officer came and asked me the same questions and then he asked me to step out of the car and i went to the back of the truck and he arrested me and put me in the car and then he searched the truck and my girlfriends purse and didnt find anything and wen he arrested me neither cops read me no rights and when i was bein put in handcuffs he questioned me i cant remember wat all he asked and i spent the night in jail but by them doin all that and not reading me no rights is there anything i can do about that??
One long block of text with no sentences, no capitalization, and rife with spelling errors. Not a great first impression.

To answer your question, if you were not read your rights, and then asked questions after you were arrested, the answers to those questions cannot be used against you in court. It will not necessarily be the case that your charges will get dismissed. I mirandize very few people that I arrest, and the charges always seem to stick.

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Old 08-11-09, 04:55 PM
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Quote:
Originally Posted by V18 View Post
i was pulled over for speeding and i dont have my liscense so wen he pulled me over he asked for my liscense and i told him i didnt have them and then he asked for my id and i had forgot my wallet at home cause i was dropping my girlfriend off at work and goin back home so he asked for my social security number and then he left and came back to the truck and asked were i was from i told him were i was from then he asked me was i drunk i wasnt so he left again and another officer came and asked me the same questions and then he asked me to step out of the car and i went to the back of the truck and he arrested me and put me in the car and then he searched the truck and my girlfriends purse and didnt find anything and wen he arrested me neither cops read me no rights and when i was bein put in handcuffs he questioned me i cant remember wat all he asked and i spent the night in jail but by them doin all that and not reading me no rights is there anything i can do about that??

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Old 08-11-09, 05:03 PM
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So good, it has to be shown again! :D
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Old 08-11-09, 05:04 PM
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Why even fight it? You knowingly violated the law, you deserve what you get.
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Old 08-11-09, 05:16 PM
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Quote:
Originally Posted by V18 View Post
i was pulled over for speeding and i dont have my liscense so wen he pulled me over he asked for my liscense and i told him i didnt have them and then he asked for my id and i had forgot my wallet at home cause i was dropping my girlfriend off at work and goin back home so he asked for my social security number and then he left and came back to the truck and asked were i was from i told him were i was from then he asked me was i drunk i wasnt so he left again and another officer came and asked me the same questions and then he asked me to step out of the car and i went to the back of the truck and he arrested me and put me in the car and then he searched the truck and my girlfriends purse and didnt find anything and wen he arrested me neither cops read me no rights and when i was bein put in handcuffs he questioned me i cant remember wat all he asked and i spent the night in jail but by them doin all that and not reading me no rights is there anything i can do about that??
What did they arrest you for?
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Old 08-11-09, 08:44 PM
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Originally Posted by Outshined View Post
What did they arrest you for?
Probably poor grammar and texting while driving:eek:
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Old 08-11-09, 11:03 PM
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Custodial questions at the jail are not covered by miranda.
So you have to tell him you name, address, etc.
You also have to answer all those little questions about
social diseases.
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Old 08-12-09, 12:23 AM
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Why is this thread in my Dispatch Center!?!?

:D:D
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Old 08-12-09, 08:57 AM
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V18

You definitely watch too much television cop shows!!!!:p

Here it is:
The Miranda rule applies to the use of testimonial evidence in criminal proceedings that is the product of custodial police interrogation. Miranda right to counsel and right to remain silent are derived from the self-incrimination clause of the Fifth Amendment. Therefore, for Miranda to apply six factors must be present:

Evidence must have been gathered.
The evidence must be testimonial.
The evidence must have been obtained while the suspect was in custody.
The evidence must have been the product of interrogation.
The interrogation must have been conducted by state-agents.
The evidence must be offered by the state during a criminal prosecution.

I can ask you anything I want and do not need to advise you of your Miranda rights, as long as I do not offer the statements obtained after your were in custody in a courtroom setting!!:D

Last edited by grumpyirishman; 08-12-09 at 09:00 AM.
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Old 08-12-09, 12:45 PM
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Saying Hi

Hi - I have been poring over the website numerous times. Needed to introduce myself
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Old 08-12-09, 01:45 PM
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Originally Posted by MoraMuroFal View Post
Hi - I have been poring over the website numerous times. Needed to introduce myself
The way to do that is to start a new thread in "rap sheets."

Welcome aboard.

;)

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Old 08-12-09, 08:07 PM
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Originally Posted by MoraMuroFal View Post
Hi - I have been poring over the website numerous times. Needed to introduce myself


Yet again, why is this in my Dispatch Center?!?!




:D:D
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Old 08-12-09, 08:42 PM
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This isn't "Ask A Dispatcher" or "Rap to a Dispatcher"?

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Old 08-14-09, 11:35 AM
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Quote:
Originally Posted by WilliamTomFrank View Post
Why is this thread in my Dispatch Center!?!?

:D:D
I know! And here I was already to say that dispatchers can ask you anything without giving you miranda cautions....and the tapes are admissible. :D
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