The Conservative Cave
Current Events => The DUmpster => Topic started by: franksolich on April 21, 2013, 09:25:50 PM
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http://www.democraticunderground.com/10022731670
Oh my.
Beaten down, she runs away and yaps about something else.
nadinbrzezinski (119,022 posts) Sun Apr 21, 2013, 09:12 PM
The suspension of the Miranda warning.
When a judge first went there in the 1980s...it made sense.
You used a gun, we need to know where you dropped it, since a kid might find it. This is the summary of an actual case, where a judge did find that public safety trumped Miranda, since kids might be at risk.
So a line f questioning with are there any more explosives, where are they? Those are consistent with the 1980s where is that gun? What concerns me is not this very obvious public safety matter (and he spontaneously admitted to the act to a hostage ) but anything else. In fact, the Obama administration expanded this "common sense" into something else, where self incrimination might occur.
And this is not about Tsaerev, but about the country. There is a solid case here for the Feds. And if the kid cooperates and becomes the most cooperative person evah, and his age...I can see life in prison. If there is anybody else and he turns them in, definitely life in prison.
But the problem is the expansion of this national security exception.
As to the other major concern...the shelter in place and exigent searches, welcome to the wrong side of the tracks. This happens often, more often than you care to know. There is a god reason for it, but it always leaves me cold. I just know it can, and is...abused...often.
bobclark86 (395 posts) Sun Apr 21, 2013, 09:24 PM
1. So... the revocation of a person's civil rights is OK...
but voluntary inconveniences aren't?
nadinbrzezinski (119,022 posts) Sun Apr 21, 2013, 09:40 PM
4. Read it again
I am just telling you the origin of this doctrine. A gun that was in easy reach of kids.
For the record, you have the right to invoke the fifth, demand a lawyer and shut up.
His rights have not been taken away, just like yours have not.
Do you know the origin of the Miranda Warning? I highly recommend you read it. Suffice it to say, the Warning is nowhere to be found in the Constitution.
zappaman (8,098 posts) Sun Apr 21, 2013, 09:35 PM
3. Didn't this provision go into effect after you were a cop?
Back in your day as a police officer, I'm sure this would be unthinkable.
But, suffice it to say, times change...
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More like this happened when the Patriot Act was made into law but I could be wrong. And why do you care anyway Inspector Gadget you hate the US or so it would seem in your other post about EMTs taking some kind of oaths that don't have any power of law.
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nadinbrzezinski (119,022 posts) Sun Apr 21, 2013, 09:40 PM
4. Read it again
I am just telling you the origin of this doctrine. A gun that was in easy reach of kids.
For the record, you have the right to invoke the fifth, demand a lawyer and shut up.
His rights have not been taken away, just like yours have not.
Do you know the origin of the Miranda Warning? I highly recommend you read it. Suffice it to say, the Warning is nowhere to be found in the Constitution.
Yeah, invoke the fifth and shut-up. You're being lectured by a trained hysterian.
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I wish she would take her own advice.
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She has the right to remain silent, but doesn't have the ability. (Thanks, Ron White.)
Oh, and it amazes me that she can spell a word like Tsaerev's name right, but spells "ever" wrong. "evah." WTF?
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Hey nads you want to tell me about the effects of hypovolemic shock on mental status?
They could have told that guy that he was a titmouse and he would have agreed. They could have read him his rights when they took him into custody and you goons would have argued that he wasn't mentally competent to understand them.
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Hey nads you want to tell me about the effects of hypovolemic shock on mental status?
They could have told that guy that he was a titmouse and he would have agreed. They could have read him his rights when they took him into custody and you goons would have argued that he wasn't mentally competent to understand them.
Was there not a case where someone suspected of being a terrorist was arrested, read this rights and he clammed up ? All the information they could have gotten from him was lost.
Seems that one can be held for questioning for days but when actually arrested then he/she is given their rights.
I would guess the Police will drain this kids brain for every bit of knowledge he has ,then comes the arrest and the rights. He will be studied by 2 dozen shrinks to be able to testify that he was competent to understand and there will be some surprises along the way.
What if-------it was he and friends that pulled his brother into all this ???? We take it for granted that the older brother was in charge, but the older brother had So much to loose, he, the kid just his life.
Kids get odd at that age, late teens, they yearn for excitement and danger. Who was it that said " Go West Young Man" ?
Things we will never know if he is arrested and given his rights too soon.
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Was there not a case where someone suspected of being a terrorist was arrested, read this rights and he clammed up ? All the information they could have gotten from him was lost.
The Christmas Day Knicker-Bomber