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Arrests, Searches, Warrants & Procedure : Includes Right to Counsel, Fifth Amendment Rights, Right to Trial by Jury, etc.
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  #1  
Old 04-06-2004, 11:09 AM
ehs125
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Arrested, and detained in jail without having rights read to


Pennsylvania
I was stopped by a person impersonating a cop. he then called to real police on me. the police officer searched me, cuffed me, threw me in the car, took me down to the station, processed me, and then threw me in the holding cell until someone came to get me. All the while he never read me my rights. by the way i'm being charged with a misdeminor-3 for prowling and loitering at night. Me and my friends were playing a game at night. he put stuff i said in the police report that i said too.
  #2  
Old 04-06-2004, 11:18 AM
oberauerdorf
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So?
  #3  
Old 04-06-2004, 12:44 PM
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Okay, so you're a peeping tom (also called a 'weinie waver') and got caught by a citizen. Based on your post, there is no obligation to 'Mirandize' you as there wasn't any 'interrogation'.
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Why has he spent over $1.35M in legal fees to block disclosure... rather than spend $12 for a VALID birth cert to settle the matter? The 'certificate' he has presented doesn't qualify to get a drivers license, wouldn't allow a child to qualify for Little League, or for a real citizen to get a US passport!
  #4  
Old 04-09-2004, 10:28 AM
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BS. If the person was impersonating a cop, he would have been arrested.

Me thinks JETX got it right....'twas a private citizen who stopped you.
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  #5  
Old 04-09-2004, 10:44 AM
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Citizen's arrest...yee-hah.

When you sign or make a complaint against someone for an infraction of the law, you are in affect "arresting" them...

1. Notify police upon observing a crime.

2. Provide police with information to assist in identifying the violator.

3. Sign the complaint form.
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  #6  
Old 05-02-2004, 12:01 AM
NorthDA
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He put stuff in the police report...


EHS-

I could be wrong about this, but from your post, I gather that your concern centers around the fact that the officer didn't read you the Miranda warning before you opened your mouth.

Unfortunately for you, he doesn't have to. He can put anything you say in his report (with or without a Miranda warning).

At your trial, if it goes that far, the Miranda ruling simply keeps out any confessions which you made during a custodial interrogation. All the other evidence and observations don't fall under that evidentiary rule.

I wish you the best of luck.
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