Miranda Rights

[ramboj70]

good post bro, I am sure many need to know this, If one does not want to say anything it would be very wise for them to say I dont want to talk I would like a lawyer, if not and you just sit there, they will fuck with you forever,

 

[krom]

Thanks for the free legal advise Bigkarch. I sure hearing the a client invoked his rights to an attorney before speaking to LE makes your job of defending them easier.

 

[thick]

good post and guys should remember cops will do and say anything to get you to talk

 

[Mark Kerr]

Now Miranda does not include certain questions such as name, date of birth, address etc. You are required to give that information upon a legal arrest. If not you will not be released until you are identified and they can add another charge. This also does not include the sobriety testing and blood alcohol test for DUI's.

Karch, did the Supreme Court rule on that case (believe it was Nevada) regarding a state law that required someone tell their name, date, address, etc. during a Terry Stop? I read about it the newspaper, but havent followed up on it. I will search the net to find if I can.

Great post BTW.

 

[crunch76]

Mark, i recently did a quick oral report in a supreme court class on this issue, they wont come down with this ruling for a couple months i think, anyway not out yet, from questions and comments by justices it looks like they will uphold the nevda law and cops will be allowed to require your name and arrest you if you do not give it, but this is only my guess, ruling will come

 

[Mark Kerr]

Mark, i recently did a quick oral report in a supreme court class on this issue, they wont come down with this ruling for a couple months i think, anyway not out yet, from questions and comments by justices it looks like they will uphold the nevda law and cops will be allowed to require your name and arrest you if you do not give it, but this is only my guess, ruling will come

Thanks crunch. I think one should not be required to give such information. Arresting someone of refusal to give information is exactly what the spirit of "The Right To Remain Silent" intended. Also, considering the Bush Administration sited "terrorism" for a reason to uphold the law pisses me off. How many years have to pass after 9/11 before the government stops holding its citizens hostage. Hell, even Bush claimed in his S.O.U address that we are still "at war" on American soil. No we arent! Nothing happened since 9/11. Sorry, I'll get off of my soap box now...

 

[tcso1506]

Well personally I feel that you should be required to give your name and address if asked by a cop. Whats it hurting? I can think of more bad things than good things if you didnt have to give your name and address. Why in the hell would you NOT want to give your name and address to the cops if you didnt have something to hide.

My home got broken into about 3 years ago, when I reported the theft to the police the cop told me that another cop checked a guy walking on a street that runs parallel with mine the night of the theft at about 4am. It just so happens they took his name and address and shit like that and this was the motherfucker that broke into my house. Now if you wasnt required to give name and stuff, He could of just said to the cops "I dont want to give it you". And I wouldnt of gotten about 90% of my shit back. And I would be madder than hell.....

I agree cops get carried away alot of times, but by god I wouldnt want to live in a world without them.

Now if they came to my home and asked to search my house I would say NO, If they stopped me on the street and asked to search me I would say NO, if they stopped me in my car and asked to search I would say NO. But if they stopped me walking at 4 am and asked me my name I would tell them without any hesitation.


Oh and I dont think that the spirit of "the right to remain silent" has anything to do with giving your name upon request.. I think that is complete horseshit. It is intended for self incrimination, I just dont see how giving a cop your name is self incrimination..............................

Thanks crunch. I think one should not be required to give such information. Arresting someone of refusal to give information is exactly what the spirit of "The Right To Remain Silent" intended. Also, considering the Bush Administration sited "terrorism" for a reason to uphold the law pisses me off. How many years have to pass after 9/11 before the government stops holding its citizens hostage. Hell, even Bush claimed in his S.O.U address that we are still "at war" on American soil. No we arent! Nothing happened since 9/11. Sorry, I'll get off of my soap box now...