bull shit arrest
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in my opinion there was no point whats so ever for that guy to be tazed. to me that looked like a young state patrol that was trying to make his mark. the other thing that is going to fuck that cop over is the fact that he never once read that guy his rights. that alone will fuck him over.
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juan;195693 wrote:
in my opinion there was no point whats so ever for that guy to be tazed. to me that looked like a young state patrol that was trying to make his mark. the other thing that is going to fuck that cop over is the fact that he never once read that guy his rights. that alone will fuck him over.The guy was reaching into his pocket. He was asking to be tazed
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yeah, keep your hands in plain view and don't flail around, that usually helps. he got tazed early, IMO, but it's better than the beat-down you would've gotten say 10 years ago, for going into your pockets after following a cop back to his car. and "officer, i don't understand what you're doing" translates directly to "officer, i wasn't listening to a thing you said, because i'm special" in this case.
'you're under arrest'.. should be followed by the miranda rights. yes. and this guy probably knew his rights already, at least the first two from tv, and probably would've waived them anyway because he never shut up.. but the video does cut away a few times, maybe they were in there somewhere. you do not have to be read your rights BEFORE being arrested, like the guy claimed.
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harm;195700 wrote:
yeah, keep your hands in plain view and don't flail around, that usually helps. he got tazed early, IMO, but it's better than the beat-down you would've gotten say 10 years ago, for going into your pockets after following a cop back to his car. and "officer, i don't understand what you're doing" translates directly to "officer, i wasn't listening to a thing you said, because i'm special" in this case.'you're under arrest'.. should be followed by the miranda rights. yes. and this guy probably knew his rights already, at least the first two from tv, and probably would've waived them anyway because he never shut up.. but the video does cut away a few times, maybe they were in there somewhere. you do not have to be read your rights BEFORE being arrested, like the guy claimed.
Good point but not completely accurate.
In most cases, if you don't feel you're free to leave (such as on a traffic stop where lights are still on, officer has your driver's license), or you could argue a custodial detainment (such as surrounded by 3 officers, or sitting in the back of a squad car), you should be advised of your miranda rights prior to being asked any questions that could implicate you.
But you're right in that if you're arrested for something that the officer has no intention of questioning you about, the officer is not obligated to mirandize you.
Sorry...won't take this thread off topic any more.
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Used;195752 wrote:
http://www.foxnews.com/story/0,2933,312466,00.htmlGood find & interesting..
Wonder if he'll go thru on the lawsuit! -
tapout;195722 wrote:
Good point but not completely accurate.In most cases, if you don't feel you're free to leave (such as on a traffic stop where lights are still on, officer has your driver's license), or you could argue a custodial detainment (such as surrounded by 3 officers, or sitting in the back of a squad car), you should be advised of your miranda rights prior to being asked any questions that could implicate you.
But you're right in that if you're arrested for something that the officer has no intention of questioning you about, the officer is not obligated to mirandize you.
Sorry...won't take this thread off topic any more.
i believe that summed it up perfectly how i feel about it
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Even if he does I don't think anything will come of it. Both were in the wrong but at the end of the day the guy simply didn't comply with the officer's orders.
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