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Thread: Supreme Court: Suspects must invoke right to remain silent in interrogations

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    Re: Supreme Court Narrows Miranda Rights, Keeps Michigan Convict in Prison

    Quote Originally Posted by Caine View Post
    So when a suspect leaves the scene of a crime via a vehicle on a dark street with no other vehicles arround, what illuminates the license plate then?

    Oh, thats right, the state law required tag light.




    Asking for consent to search is not boot straping anything into anything.

    Some of the most heinous crimes have been solved via a consent search.
    You are honestly saying a small bulb above the plate lights up the plate enough to see it clearly? I have had hundreds of cars and it license lamp has never thrown enough light to light up anything.

    I didn't say in any of my posts the person was asked if the officer could search. They pull the driver out and search him for weapons then his car. No consent was given. Are you saying consent is needed to search????

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    Re: Supreme Court Narrows Miranda Rights, Keeps Michigan Convict in Prison

    Quote Originally Posted by Mason66 View Post
    You are honestly saying a small bulb above the plate lights up the plate enough to see it clearly? I have had hundreds of cars and it license lamp has never thrown enough light to light up anything.

    I didn't say in any of my posts the person was asked if the officer could search. They pull the driver out and search him for weapons then his car. No consent was given. Are you saying consent is needed to search????
    Nope, but people like to fail to mention when they consented to a search.

    There are also other factors that involve the searching of vehicles.
    If I smell marijuana, I can search the car, consent or not, and without a warrant.
    If the occupants are under 21 and I can observe alcohol in the vehicle, I can search the vehicle.

    I didn't watch the episode, but I am highly suspect that the officers just ordered people out and searched then without some sort of probable cause (or consent) that you lacked the ability to recognize because you were too busy going, "OMFG STOPPED FOR A TAG LIGHT OMFG!"
    "I condemn the ideology of White Supremacy and Nazism. They are thugs, criminals, and repugnant, and are against what I believe to be "The American Way" "
    Thus my obligatory condemnation of White supremacy will now be in every post, lest I be accused of supporting it because I didn't mention it specifically every time I post.

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    Re: Supreme Court: Suspects must invoke right to remain silent in interrogations

    So now its like uno?
    If you dont say " I HAVE RIGHTS AS A CITIZEN I THOUGHT THAT WAS PRETTY CLEAR TO ALL YOU PEOPLE HERE DIDNT YOU GUYS TAKE HIGH-SCHOOL HISTORY?!" you have to draw 4 cards?
    This is stupid and an attempt to ease us out of our rights as US citizens...

    This is complete and utter BS

    edit I might of misunderstood the subject here so if I did feel free to correct me ^^
    Last edited by CrazyMcCool; 06-07-10 at 05:39 AM.
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    Re: Supreme Court: Suspects must invoke right to remain silent in interrogations

    Quote Originally Posted by CrazyMcCool View Post
    So now its like uno?
    If you dont say " I HAVE RIGHTS AS A CITIZEN I THOUGHT THAT WAS PRETTY CLEAR TO ALL YOU PEOPLE HERE DIDNT YOU GUYS TAKE HIGH-SCHOOL HISTORY?!" you have to draw 4 cards?
    This is stupid and an attempt to ease us out of our rights as US citizens...

    This is complete and utter BS

    edit I might of misunderstood the subject here so if I did feel free to correct me ^^
    What rights are you losing?
    "I condemn the ideology of White Supremacy and Nazism. They are thugs, criminals, and repugnant, and are against what I believe to be "The American Way" "
    Thus my obligatory condemnation of White supremacy will now be in every post, lest I be accused of supporting it because I didn't mention it specifically every time I post.

  5. #145
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    Re: Supreme Court: Suspects must invoke right to remain silent in interrogations

    Quote Originally Posted by CrazyMcCool View Post
    So now its like uno?
    If you dont say " I HAVE RIGHTS AS A CITIZEN I THOUGHT THAT WAS PRETTY CLEAR TO ALL YOU PEOPLE HERE DIDNT YOU GUYS TAKE HIGH-SCHOOL HISTORY?!" you have to draw 4 cards?
    This is stupid and an attempt to ease us out of our rights as US citizens...

    This is complete and utter BS

    edit I might of misunderstood the subject here so if I did feel free to correct me ^^

    Yeah, think you are a little off base. Plus when you use all capital letters it looks like you're yelling...which kinda compounds things.

    Been a pretty civil discussion overall.


    .

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    Re: Supreme Court Narrows Miranda Rights, Keeps Michigan Convict in Prison

    Quote Originally Posted by Caine View Post
    Yes, that is a violation of his 4th amendment rights. The consent to search was limited to the windows.

    Thats alot different than a box without ink it in, and a judges refusal to accept the actual documentation that backed up the deputy's information on said line that failed to have a box checked.
    But like I said, it was a retard judge.
    Yeah, gotta agree with you here....

    A cop forgetting to check off a box verifying that he performed maintence but managed to fill out the maintence log, put in the date of the maintence on said form, and has that information publicly available is, to me, a loophole. The "Law" is there to assure the cop performed the maintence which its clear through other readily available sources that its happened. Unless there was evidence that such potential negligence is common place I would say the spirit of the law in this case and the additional factors should be absolutely sufficient. This sounds less like the cop violating the law and more like a procedural rule was accidently skipped over; a fine technicallity but an important one when you're trying to compare something like that to someone having a constitutional right violated.

    To me, getting someone off "On a technicality" is a lawyer finding a situation where a cop made a minor and relatively inconsequential mistake or procedure not judgement, and manipulating that. A situation where a check box is forgotten to be marked once in a dozen times, however its redunandcy check (the actual maintence laog) is filled out. An instance where an officer may've got distracted while signing a number of papers that may be evidence or some such thing and in the middle of starting one he gets distracted by someone and ends up missing the signature on that...yet you can see every item prior to it and after it entered into the log is signed by him. Etc.

    Essentially, Criminals getting off not because the officer was criminally negligent or was violating some kind of constitutional or even state law or doing something unethical....but because of simple and reasonable human error that can be reasonably double checked in another fashion and deemed as such with a reasonable amount of doubt.

    For example, in Caine's situation, what is the point of the double redundancy of having the officer need to both check the box AND fill out the service records other than to have a backup indication incase something happens with the to the other one. To require both of them as proof that it happened to me seems to be simply adding more beuracracy and procedure to a scenario for no other reason than to try and give the cops more chance for basic simple human error to occur.

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    Re: Supreme Court Narrows Miranda Rights, Keeps Michigan Convict in Prison

    Quote Originally Posted by Caine View Post
    Technicalities are Law loopholes are such BS.
    As a police officer, what are your thoughts on the various stringent laws that regulate searching?
    The Makeout Hobo is real, and does indeed travel around the country in his van and make out with ladies... If you meet the Makeout Hobo, it is customary to greet him with a shot of whiskey and a high five (if you are a dude) or passionate makeouts (if you are a lady).

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    Re: Supreme Court Narrows Miranda Rights, Keeps Michigan Convict in Prison

    Quote Originally Posted by the makeout hobo View Post
    As a police officer, what are your thoughts on the various stringent laws that regulate searching?
    Im missing what your asking here. The question is so broad as my response would require me to regurgitate the entire Search, Arrest, and Seizure manual.
    "I condemn the ideology of White Supremacy and Nazism. They are thugs, criminals, and repugnant, and are against what I believe to be "The American Way" "
    Thus my obligatory condemnation of White supremacy will now be in every post, lest I be accused of supporting it because I didn't mention it specifically every time I post.

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    Re: Supreme Court Narrows Miranda Rights, Keeps Michigan Convict in Prison

    Quote Originally Posted by Caine View Post
    Im missing what your asking here. The question is so broad as my response would require me to regurgitate the entire Search, Arrest, and Seizure manual.
    Mainly whether you think the various laws are too restrictive or not.
    The Makeout Hobo is real, and does indeed travel around the country in his van and make out with ladies... If you meet the Makeout Hobo, it is customary to greet him with a shot of whiskey and a high five (if you are a dude) or passionate makeouts (if you are a lady).

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    Re: Supreme Court Narrows Miranda Rights, Keeps Michigan Convict in Prison

    Quote Originally Posted by Zyphlin View Post
    To me, getting someone off "On a technicality" is a lawyer finding a situation where a cop made a minor and relatively inconsequential mistake or procedure not judgement, and manipulating that. A situation where a check box is forgotten to be marked once in a dozen times, however its redunandcy check (the actual maintence laog) is filled out. An instance where an officer may've got distracted while signing a number of papers that may be evidence or some such thing and in the middle of starting one he gets distracted by someone and ends up missing the signature on that...yet you can see every item prior to it and after it entered into the log is signed by him. Etc.

    Essentially, Criminals getting off not because the officer was criminally negligent or was violating some kind of constitutional or even state law or doing something unethical....but because of simple and reasonable human error that can be reasonably double checked in another fashion and deemed as such with a reasonable amount of doubt.
    From my perspective, that's just simply a "what's good for the goose" situation. If you forget to check a box on any form or sign in the right place or perform some perfunctory responsibility in the course of doing your duty to the government, they are gonna fine, imprison, punish the hell out of you for it. If the government can fine you or dismiss a petition from you for the same minor mistakes, then it's only just and fair that the government be held to the same standard when trying to levy charges against you.

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