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joelr
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Post subject: Mourning Miranda Posted: Mon Dec 22, 2008 1:58 pm |
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The Man |
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Joined: Sun Aug 07, 2005 5:43 am Posts: 7970 Location: Minneapolis MN
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... while it's neither MN-specific nor carry-specific, thisis well worth reading, particularly for folks who haven't quite grasped the risks of conversing with the authorities.
Note how it's pretty SOP for the badged person to explain how much in your interest it is for you to be chatty.
_________________ Just a guy.
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chunkstyle
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Post subject: Posted: Mon Dec 22, 2008 2:24 pm |
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Longtime Regular |
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Joined: Wed Sep 21, 2005 8:28 pm Posts: 2362 Location: Uptown Minneapolis
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As I was censored elsewhere for saying, "It should come as no great shock that police officers would tend to favor methods of a police state."
_________________ "The right of citizens to bear arms is just one more guarantee against arbitrary government, one more safeguard against the tyranny which now appears remote in America, but which historically has proved to be always possible." - Vice President Hubert H. Humphrey, 1960
"Man has the right to deal with his oppressors by devouring their palpitating hearts." - Jean-Paul Marat
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joelr
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Post subject: Posted: Mon Dec 22, 2008 2:39 pm |
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The Man |
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Joined: Sun Aug 07, 2005 5:43 am Posts: 7970 Location: Minneapolis MN
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chunkstyle wrote: As I was censored elsewhere for saying, "It should come as no great shock that police officers would tend to favor methods of a police state." Hey, if you're going to hang out at Mos Eisley, don't be surprised if you get Greedo all over you.
All in all, I think it depends on the police officer. There are folks of character and depth of character who carry badges.
But before POST, it was almost entirely a cultural thing -- a cop was "raised" and pretty much completely trained in his (usually his, rarely her) first department, and learned "how things are done" by whatever the actual local standards were.
Nowadays, of course, initial training is accomplished in the POST programs, and then the departments go shopping among the graduates for the kind of people who are already what they want, and largely get what they want. Which, IMHO, solves almost none of the problems of the old system and introduces new ones.
_________________ Just a guy.
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SultanOfBrunei
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Post subject: Posted: Mon Dec 22, 2008 2:41 pm |
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Longtime Regular |
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Joined: Wed Mar 12, 2008 3:13 pm Posts: 1743 Location: Lakeville
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Can please someone post an executive summary of the 84 page PDF?
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joelr
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Post subject: Posted: Mon Dec 22, 2008 2:45 pm |
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The Man |
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Joined: Sun Aug 07, 2005 5:43 am Posts: 7970 Location: Minneapolis MN
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SultanOfBrunei wrote: Can please someone post an executive summary of the 84 page PDF? Sure: Miranda's dead. It won't protect you; it's been weakened by successive whittlings, and there's more ways around it than you've been told.
_________________ Just a guy.
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farmerj
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Post subject: Posted: Mon Dec 22, 2008 4:11 pm |
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Joined: Tue Aug 22, 2006 12:13 am Posts: 714 Location: A County in MN
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I keep hearing the statement," I don't have to read you your rights until I arrest you."
_________________ We reap what we sow. In our case, we have sown our government.
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joelr
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Post subject: Posted: Mon Dec 22, 2008 4:31 pm |
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The Man |
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Joined: Sun Aug 07, 2005 5:43 am Posts: 7970 Location: Minneapolis MN
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farmerj wrote: I keep hearing the statement," I don't have to read you your rights until I arrest you." Free speech is protected by the First Amendment.
I think the point of the paper is that it doesn't matter very much whether or not you're read your rights, or when; Miranda is pretty much a dead issue, as 1: police procedure has largely adapted to it, turning it from a protection for citizens into an interrogation tool, and 2: after being whittled at for forty years, it holds less water than a colander.
_________________ Just a guy.
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princewally
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Post subject: Posted: Mon Dec 22, 2008 4:33 pm |
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Longtime Regular |
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Joined: Wed Jan 24, 2007 11:02 am Posts: 1684 Location: St Louis Park
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farmerj wrote: I keep hearing the statement," I don't have to read you your rights until I arrest you."
That's the time to get up and walk away. It certainly sounds like that means you wouldn't be under arrest.
_________________ Of the people, By the People, For the People. The government exists to serve us, not the reverse.
-------------------- Next MN carry permit class: TBD.
Permit to Carry MN --------------------
jason <at> metrodefense <dot> com
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chunkstyle
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Post subject: Posted: Mon Dec 22, 2008 4:46 pm |
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Longtime Regular |
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Joined: Wed Sep 21, 2005 8:28 pm Posts: 2362 Location: Uptown Minneapolis
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joelr wrote: chunkstyle wrote: As I was censored elsewhere for saying, "It should come as no great shock that police officers would tend to favor methods of a police state." Hey, if you're going to hang out at Mos Eisley, don't be surprised if you get Greedo all over you. All in all, I think it depends on the police officer. There are folks of character and depth of character who carry badges.
Oh indeed, that's why I used "tend" and "favor", not more absolute words. But what irks me the most is that my post was yoicked after some dude PM'ed the mod. I don't blame the mod, but the unknown guy who went crying like a b!tch to tattle, and didn't have the seeds to openly criticize me. That's just chickensh!t, IMNSHO.
_________________ "The right of citizens to bear arms is just one more guarantee against arbitrary government, one more safeguard against the tyranny which now appears remote in America, but which historically has proved to be always possible." - Vice President Hubert H. Humphrey, 1960
"Man has the right to deal with his oppressors by devouring their palpitating hearts." - Jean-Paul Marat
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farmerj
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Post subject: Posted: Mon Dec 22, 2008 7:54 pm |
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Joined: Tue Aug 22, 2006 12:13 am Posts: 714 Location: A County in MN
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joelr wrote: farmerj wrote: I keep hearing the statement," I don't have to read you your rights until I arrest you." Free speech is protected by the First Amendment. I think the point of the paper is that it doesn't matter very much whether or not you're read your rights, or when; Miranda is pretty much a dead issue, as 1: police procedure has largely adapted to it, turning it from a protection for citizens into an interrogation tool, and 2: after being whittled at for forty years, it holds less water than a colander.
At least with the right tension, a colander will hold water.
_________________ We reap what we sow. In our case, we have sown our government.
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mnosretep
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Post subject: Posted: Mon Dec 22, 2008 8:02 pm |
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Senior Member |
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Joined: Mon Aug 21, 2006 7:32 pm Posts: 174 Location: Eagan
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princewally wrote: farmerj wrote: I keep hearing the statement," I don't have to read you your rights until I arrest you." That's the time to get up and walk away. It certainly sounds like that means you wouldn't be under arrest.
Until you incriminate yourself, anyway.
_________________ If guns cause crime, mine must be defective.
I carry a gun because cops are too heavy.
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Macx
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Post subject: Posted: Mon Dec 22, 2008 8:59 pm |
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Longtime Regular |
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Joined: Thu Oct 13, 2005 12:37 pm Posts: 1757 Location: Whittier
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But you incriminate yourself by trying to walk away even if there is nothing incriminating or you incriminate yourself by not walking away . . . which would happen if you thought you needeed to wait around to not incriminate yourself.
_________________ Crime is contagious. If the government becomes a
lawbreaker, it breeds contempt for law; it invites every man to become
a law unto himself; it invites anarchy .” Olmstead v. U.S., 277 U.S. 438
Last edited by Macx on Tue Dec 23, 2008 8:06 am, edited 1 time in total.
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MostlyHarmless
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Post subject: Posted: Mon Dec 22, 2008 9:02 pm |
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Senior Member |
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Joined: Tue Sep 23, 2008 3:24 pm Posts: 471 Location: 12 miles east of Lake Wobegon
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We have an understaffed, underbugeted law enforcement edifice which spends 40% of its time trying to enforce unpopular laws that are uniquely difficult to enforce, and 40% of its time intervening in domestic disputes that the legal system was never designed to resolve. We should neither be surprised that shortcuts are taken nor that those members of society with the least intelligence and schooling, the most meager financial resources and the least social support end up being treated unfairly.
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farmerj
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Post subject: Posted: Mon Dec 22, 2008 9:03 pm |
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Joined: Tue Aug 22, 2006 12:13 am Posts: 714 Location: A County in MN
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_________________ We reap what we sow. In our case, we have sown our government.
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tman065
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Post subject: Posted: Tue Dec 23, 2008 11:47 am |
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Longtime Regular |
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Joined: Tue Dec 19, 2006 6:19 am Posts: 810 Location: Northern MN
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I am amazed at the number of people who will talk to me during a criminal investigation.
In the jail, Mirandized, included.
My advice to my own children is this: If you are involved with the police and are NOT being brought home, call me and shut up.
_________________ Proud, Service Oriented, Rural LEO, or "BADGED COWBOY" Certified MN Carry Permit Instructor
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