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Question about miranda rights

Discussion in 'Apprentice Marijuana Consumption' started by spikeystud88, Feb 21, 2010.

  1. Was watching Cops just now and the LEO was reading this dude his rights...but he didn't read him the 'normal' miranda rights...check this out:

    "I can make no threats or promises to induce you to make a statement [referring to person being questioned by the LEO] - this must be at your own free will"

    The fuck? I've read/heard/been told COUNTLESS stories where cops get someone for weed, and then promise them their sentence will be reduced if they rat on someone. Or that if they talk things wont be as rough, or something like that.

    So here's my question...am I missing something?! Or do cops just violate this right on a regular basis by promising people things if they talk?
     
  2. Offering somebody a reward for talking isn't violating any right. The person is choosing to talk.
     
  3. The cop was messing around for the camera. They probably got a good laugh about it when it aired. Cops can lie. Cops can say they will try to help you out. Until you assert your rights, it wont be an issue. Once you assert your rights, for example if you tell them you dont want to talk, want to talk to an attorney, or you dont consent to a search, then what they do can be seen as coercing you or unconstitutional.. depending on how it goest down.
     
  4. What's weird is the guy was reading it all off a piece of paper, so I have a feeling he was new and didn't have it all memorized yet...which leads me to believe that what I posted above is actually part of the miranda rights!
     
  5. ive seen cops read miranda rights off of a card before
     

  6. The guy above said it was most likely a joke, so I was saying it's weird he'd play a 'joke' on the guy when (a) He seems new at the job (b) He's on camera (c) He most likely knew the arrest would be on TV.
     
  7. When I was arrested back in November, the cops didn't even read me my Miranda rights, they just told me I was under arrest and why I was under arrest.
     
  8. Miranda was challenged a few years ago and now it's not a hard and fast rule. Most agencies still read it to be on the safe side. Some agencies add their own verbiage. Say there was a city cop someplace that threatened someone to get them to confess to something, then got caught and there was a scandal. That town might have the cops add something to the rights card they read when they arrest someone. It's usually a bone they throw to the shit stirrers. In this case it's unnecessary because confessions obtained under duress are invalid anyway.

    Even if they read you your rights, they don't have to stop questioning you until you ask that you not be questioned without your attorney. Even after that they may still try shit on you. The classic one is to split up two people and then tell them both that the other guy flipped on them so they know everything already. Another one is leaving you in the interrogation room with the camera running without you knowing it. A lot of people will talk to themselves or god trying to figure out how to get out of it.

    But pot smokers don't really have to worry about that kind of stuff. Either you have weed on you or you don't. They're not going to waste a lot of time and paperwork on simple possession cases.
     
  9. I didnt say joke, I said messing around. Either him or one of his buddies/training officers set it up and they went back to the station and laughed "We just told millions we cant lie when questioning".


    Cops most certainly can lie. Hell, they set up stings all the time. That is a no brainer. They can virtually tell you anything they want. Until you assert your rights, its open season on you. For example, it is a myth that if you ask a under cover cop if he is a cop, he has to say yes. He can say no. He can swear on a stack of bibles hes not a cop. Then he can still bust ya.
     

  10. Yes, cops can lie, but that particular police force may have a policy against it, or the city may have passed an ordinance banning it. I guessing it's the former because a law like that is unlikely to pass except in extremely liberal enclaves like San Francisco or Park City, UT.

    Even with that policy, you know the cops are going to find a loophole and fuck with you anyway. That's what they do :D
     
  11. I wasn't read my rights either when I was arrested.

    I remember my government & politics teacher in high school explaining a number of reasons/situations that let them not have to do it, but the memory is a bit hazey after four years.
     
  12. Did they question you after arresting you? Some times they aint to worried about what you have to say after arrest because
    -a) they already got you and dont really intend a sit down question period.. they did that before they arrested you and you spilled the beans..
    -b) they know you are just going to plead out so its never going to be an issue because you wont fight it and even if you did, you'd probably lose unless it because some big appeal, which they know it wouldnt.

    THey dont need to mirandize someone after you are in custody and being questioned about the crime for which they were arrested for. If someone just spills the beans the second a cop walks up to them, they dont need to read them their rights, they gave em up.

    Cops dont have to read you your rights before questioning you. You have to assert your rights at that point. Its not until they arrest you and you are in custody and being questioned about the crime that you get read rights.
     
  13. #13 Blood Redd, Feb 23, 2010
    Last edited by a moderator: Feb 23, 2010
    You don't have to have the Miranda Rights recited to you if the arresting officers have no intention of interrogating you. If they plan to interrogate you, then you will be read your rights.

    Just know you always withhold the right to deny communication with the police, save for when they ask you for identification, which you're legally required to provide them.

    Furthermore, if you aren't told why you're being arrested upon your arrest, that's legal causation to challenge the arresting officer in court. You would most likely win in that instance. That shit's a bigger deal than Miranda Rights.
     

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