Bad cop

This is a discussion on Bad cop within the Law Enforcement, Military & Homeland Security Discussion forums, part of the Related Topics category; Originally Posted by Roon It is for the above reason that I will never understand why people say more than they absolutely need to. Never ...

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  1. #61
    VIP Member Array Secret Spuk's Avatar
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    Quote Originally Posted by Roon View Post
    It is for the above reason that I will never understand why people say more than they absolutely need to. Never in a million years would I say a word to an officer that was investigating an incident involving me that I didn't absolutely have to. Shut up and lawyer up...best advice ever.

    On topic, it is my understanding that prior to asking you any questions after they place you in custody they must advise you of your miranda rights, so the statement that officers don't have to mirandize you is misleading...they do if they want to talk to you after placing you under arrest.

    Roon...
    The police do NOT have to mirandize you. As long as they dont plan to ask any questions other than pedigree. In fact they can mirandize you at any point during the arrest. They may even end up mirandizing you several times. I can give some examples if you like...

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  3. #62
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    Quote Originally Posted by Secret Spuk View Post
    Roon...
    The police do NOT have to mirandize you. As long as they dont plan to ask any questions other than pedigree. In fact they can mirandize you at any point during the arrest. They may even end up mirandizing you several times. I can give some examples if you like...
    They do have to mirandize you if they plan on questioning you about anything relating to what you were arrested for after they place you in custody. Let me rephrase...if they hope to have the things that you say be admissable in court they have to mirandize you before they question you when you are in custody. It doesn't need to be a formal interrogation or anything, if they arrest you and question you about the incident for which you were arrested without first advising you of your miranda rights the things you say are inadmissable. If you can prove otherwise I am all ears.

  4. #63
    VIP Member Array Secret Spuk's Avatar
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    Hey Roon...

    My point is this. Often the police need no statement from the subject. In fact there may be times when the police may want to run with only their forensic evidence. Sometimes the police may have a non custodial statement from the subject, and not want to give him the chance to change or enhance it. You nailed it when you say the police have to mirandize a subject if they plan to use any statement's in court. Some detectives may use this technique to coax a spontainious utterence.

    But for the most part your correct. The Miranda -Escobedo warnings go to more than admissible statements. Also cover a persons right to counsul, right to a speedy trial, as well as right to not be forced to self incriminate. But as long as the police dont violate nany of these rights... The Officer would be OK not advising.

  5. #64
    VIP Member Array Eagleks's Avatar
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    One useful tool..... just say something ... and then silence. It begs the other person to open their mouth and talk, and they do ..... and talk .... and talk....
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  6. #65
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    Quote Originally Posted by Secret Spuk View Post
    .

    But for the most part your correct. The Miranda -Escobedo warnings go to more than admissible statements. Also cover a persons right to counsul, right to a speedy trial, as well as right to not be forced to self incriminate. But as long as the police dont violate nany of these rights... The Officer would be OK not advising.
    Funny how we are all the way back at the beginning again, when I said you mus truly know what your rights are and are not.
    "Just blame Sixto"

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    ** UPDATE** My buddy's lawyer has the video. We have watched it and what my buddy says is true. He was leaning to the left toward the officer reaching for his wallet with his right hand his left hand was on the window seal. @Big Kahuna my buddy is a light skinned afro american and the officer is white. I dont feel like it was a racial issue but who knows what some one is thinking.

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    Quote Originally Posted by Shawn89 View Post
    ** UPDATE** My buddy's lawyer has the video. We have watched it and what my buddy says is true. He was leaning to the left toward the officer reaching for his wallet with his right hand his left hand was on the window seal. @Big Kahuna my buddy is a light skinned afro american and the officer is white. I dont feel like it was a racial issue but who knows what some one is thinking.
    Do you have the part where he alleges he was kicked in the kidney while cuffed? Don't answer here.
    That behavior is inexcusable; period. I hope he got photos and a medical exam for documentation of the bruising he suffered.
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    VIP Member Array Gene83's Avatar
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    I don't know about your neck of the woods, but around here, most men (not all of them) who carry a wallet in a rear pocket, will carry it in the left rear. Since he was going for the right side, any possibility at all that the officer thought he was going for a gun?

    Law enforcement officers aren't perfect by any means. They are human and make mistakes. I've seen them on big city police forces and in towns so small that they lock the police station at 5:00 in the evening. So far, I've never seen anybody get yanked out of a car for no reason at all.

    I suppose there's always a first time, but I'd like to know what was going through the officer's mind before I pillory him.
    "The superior man, when resting in safety, does not forget that danger may come." ~ Confucius

  10. #69
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    Quote Originally Posted by Gene83 View Post
    I don't know about your neck of the woods, but around here, most men (not all of them) who carry a wallet in a rear pocket, will carry it in the left rear. Since he was going for the right side, any possibility at all that the officer thought he was going for a gun?

    Law enforcement officers aren't perfect by any means. They are human and make mistakes. I've seen them on big city police forces and in towns so small that they lock the police station at 5:00 in the evening. So far, I've never seen anybody get yanked out of a car for no reason at all.

    I suppose there's always a first time, but I'd like to know what was going through the officer's mind before I pillory him.
    Lot of left handed folks where you live or what?

  11. #70
    Senior Member Array theskunk's Avatar
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    The sad part is the cop won't even get a reprimand

  12. #71
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    The sad part is the cop won't even get a reprimand
    And you know this how?
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  13. #72
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    Quote Originally Posted by Gene83 View Post
    I don't know about your neck of the woods, but around here, most men (not all of them) who carry a wallet in a rear pocket, will carry it in the left rear. Since he was going for the right side, any possibility at all that the officer thought he was going for a gun?
    I am not a cop nor do I pretend or desire to be one but, if I thought an individual was reaching for a lethal weapon I would not draw my less than lethal weapon. The story indicated the cop drew his taser.
    "To believe that social reforms can eradicate evil altogether is to forget that evil is a protean creature, forever assuming a new shape when deprived of an old one." - SAT

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  14. #73
    Senior Member Array theskunk's Avatar
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    Quote Originally Posted by HotGuns View Post
    And you know this how?
    Police depts put up with this behavior. The theory is don't be too harsh on police because its a dangerous job, and if they hesitate they may get killed. Better that a citizen suffers brutality, then a cop.

  15. #74
    VIP Member Array Gene83's Avatar
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    Quote Originally Posted by Roon View Post
    Lot of left handed folks where you live or what?
    Must be.
    "The superior man, when resting in safety, does not forget that danger may come." ~ Confucius

  16. #75
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    Quote Originally Posted by bbqgrill View Post
    I am not a cop nor do I pretend or desire to be one but, if I thought an individual was reaching for a lethal weapon I would not draw my less than lethal weapon. The story indicated the cop drew his taser.
    Who knows then? Maybe the cop just had a knock down drag out with his wife and took it out on this guy.
    "The superior man, when resting in safety, does not forget that danger may come." ~ Confucius

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