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Dragonfli

(10,622 posts)
49. What fascinates me about these discussions, has nothing to do with Miranda rights
Sat Apr 20, 2013, 02:59 PM
Apr 2013

or an exception that allows questioning without those rights for 48 hrs in a case of public safety.

My fascination is, that people appear to believe in abundance than any rights exist while in police custody. That belief fills me with optimism as I thought my experiences and those of the people I grew up with were common and not unique to the lower west side or even worse the east sides of buffalo.
Here they will pick you up without explanation if you are poor looking, or worse yet any type of person of color with vague talk of descriptions and crimes somewhere you have nothing to do with. The best case scenario, they cuff you, slap you around a little and pull up hard on the cuffs like they want to pull your arms off through your shoulder blades (this hurts as at least some of you out there know) then let you go with just bruises and joint pain in your wrists and shoulders (this would be the best case scenario)

The variation on this theme is they handcuff you, really pound the crap out of you and slam you on the ground face first - then they either take turns kicking you in the ribs or they do this trick they like that involves a knee being presses into your spine while simultaneously trying to rip off your arms like chicken wings. Finally they shove you in the back seat, Take you in, and you get to find out at arraignment what fiction they wrote in a report and if they only charged you with resisting, or also assaulting an officer. I don't the bogus charges are personal, they need a justification for beating the shit out of you. I am used to only hearing about Miranda when I'm told my rights were made clear at the time of arrest (when?).

I have been abused by cops this way three times and taken in and held once, all when in my late teens or early twenties, I am not even sure when the arrest happened as no one told me or read me any rights (all that stuff happened in reports that the lawyers and judge read, fiction treated as gospel).

I was white trash so I got off easy, my black and PR friends received more attention more frequently and usually with more physical damage, they always took any weed we had in our pockets if we had any the weed (that would just disappear and never made the reports or the arraignments.

I simply wonder if law enforcement is executed differently according to class and neighborhood.
Everybody here appears to assume rights are always read, I am trying to understand why so many believe that. Won't they simply write in that miranda was read to him and understood in the report? I thought that was the way it worked out with the exception of TV (or maybe rich neighborhoods your ID says you belong in)

Is this different because it's Feds? They do seem to be a LE branch that actually follows their own rules.

I dare you to read this. [View all] WilliamPitt Apr 2013 OP
They prefer screaming at the President to reading. MjolnirTime Apr 2013 #1
Sad but damn true in many of these cases. n/t AverageJoe90 Apr 2013 #50
K & R Tree-Hugger Apr 2013 #2
You don't have to dare me frazzled Apr 2013 #3
I have been wondering...... W_HAMILTON Apr 2013 #8
It always exists. Yo_Mama Apr 2013 #23
So, in the hypothetical situation from my earlier post... W_HAMILTON Apr 2013 #26
Miranda applies only to custodial interrogation. The Velveteen Ocelot Apr 2013 #61
Exactly, thanks for taking time to find and post that case treestar Apr 2013 #4
"I dare you to read this", 5 times, wow do you love the drama. n-t Logical Apr 2013 #5
So pissing and moaning Cirque du So-What Apr 2013 #10
As far as I can tell, you are projecting when it comes to "drama" emulatorloo Apr 2013 #16
Not far I see. n-t Logical Apr 2013 #17
"Not far I see." WilliamPitt Apr 2013 #31
LOL, good point. n-t Logical Apr 2013 #34
It is obviously for effect and emphasis. GoneOffShore Apr 2013 #30
For government haters it doesn't matter. Damned if they do, damned if they don't. kelliekat44 Apr 2013 #6
You weren't talking to me, but frogmarch Apr 2013 #7
Good post...nt SidDithers Apr 2013 #9
Which means in practice... Spider Jerusalem Apr 2013 #11
But in reality it probably won't. alarimer Apr 2013 #37
Nice post Yo_Mama Apr 2013 #12
You can't reason with ideologues emulatorloo Apr 2013 #13
or this bigtree Apr 2013 #14
Directly contradicted in the above Spider Jerusalem Apr 2013 #18
yes it is bigtree Apr 2013 #22
You're describing the situation as if there was no exemption. (nt) jeff47 Apr 2013 #40
Cue Clichéd, Poorly Understood Ben Franklin quotation in 5...4....3...2... alcibiades_mystery Apr 2013 #15
Gosh, that's not a slippery slope. Bucky Apr 2013 #19
Here is another opinion that explains why this "Exception" is not a good idea..... Logical Apr 2013 #20
That piece is ProSense Apr 2013 #28
This message was self-deleted by its author Amonester Apr 2013 #21
Civil Defense Vs. Civil Liberties...Perils Of An Open Society... KharmaTrain Apr 2013 #24
I thought Obama had to read him his rights personnally. WTF? panader0 Apr 2013 #25
And if he is too injured to be questioned within 48 hours? B2G Apr 2013 #27
Then they can't ask questions without Mirandizing. jeff47 Apr 2013 #42
I thought they only had 48 hours n/t B2G Apr 2013 #47
The exception only lasts 48 hours. jeff47 Apr 2013 #51
Got it. Thank you! n/t B2G Apr 2013 #52
Some people here fit the stereotype painted of all liberals by right wing media. alphafemale Apr 2013 #29
Taking the instructions of Jesus Christ to heart is now "stereotypical liberal" Fumesucker Apr 2013 #38
quick now...what did this Jesus person say should happen to people that harmed children? nt alphafemale Apr 2013 #39
No problem here. proud2BlibKansan Apr 2013 #32
Has anyone checked on Glenn Greenwald? JaneyVee Apr 2013 #33
LOL! KittyWampus Apr 2013 #57
Well thanks for bringing it to my attention a2liberal Apr 2013 #35
How is it a violation of the Constitution WilliamPitt Apr 2013 #36
So you think courts always role correctly on the Constitution? (n/t) a2liberal Apr 2013 #56
I think it should all be left up to anonymous internet outrage junkies. WilliamPitt Apr 2013 #63
Don't worry, I won't a2liberal Apr 2013 #65
More context nadinbrzezinski Apr 2013 #41
I would not have a problem with the pse if it had not come about Zorra Apr 2013 #43
Thank you. Good infomation. tavalon Apr 2013 #44
Now you've done it. AtomicKitten Apr 2013 #45
Thank you. moonlady0623 Apr 2013 #46
One thing about the OP: Zorra Apr 2013 #48
What fascinates me about these discussions, has nothing to do with Miranda rights Dragonfli Apr 2013 #49
You are right on the money nadinbrzezinski Apr 2013 #54
K&R cliffordu Apr 2013 #53
letting the last statement in screams of a judge unwilling to do his job dsc Apr 2013 #55
Unfortunately for you and the rest of the ticking bomb exceptionalists, Warren Stupidity Apr 2013 #58
I'm not so worried about the exception in general. Orsino Apr 2013 #59
I find it farcical that the mere reading of his rights would be the disaster it has been portrayed Warren Stupidity Apr 2013 #60
Okay. I read the links. LWolf Apr 2013 #62
Kick...nt SidDithers Apr 2013 #64
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