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Johnny Tran said:
Miranda ONLY applies during Custodial Interrogation. Meaning you are in custody (ie: not free to leave) and being questioned about something that your response will cause self incrimination. For example did you kill your wife?
Considering i was hadcuffed to a bar on the wall while to officer was asking me questions....and i was still in cuffs when i went before the magistrate...yeah...i wasnt thinking i could leave until the cuffs were off.....they would look kinda tacky walking around the beach :lol2
 

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JDMhprelude93 said:
Considering i was hadcuffed to a bar on the wall while to officer was asking me questions....and i was still in cuffs when i went before the magistrate...yeah...i wasnt thinking i could leave until the cuffs were off.....they would look kinda tacky walking around the beach :lol2

Ok... I never said that Miranda didnt apply in your case, I was just stating when it's needed.

Were the answers to the questions they were asking being used against you??? They had to have arrested you for a reason right??? If the officer had PC for the arrest (dont know what you got arrested for) he may not have needed you to say anything to build his case. Get what I'm saying??? Asking you why you were there, who you were with, etc...may not have been asked to prosecute you, the magistrate may have just been trying to determine if the officer made a lawful arrest.
 

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Johnny Tran said:
Ok... I never said that Miranda didnt apply in your case, I was just stating when it's needed.

Were the answers to the questions they were asking being used against you??? They had to have arrested you for a reason right??? If the officer had PC for the arrest (dont know what you got arrested for) he may not have needed you to say anything to build his case. Get what I'm saying??? Asking you why you were there, who you were with, etc...may not have been asked to prosecute you, the magistrate may have just been trying to determine if the officer made a lawful arrest.
I was pulled for DUS but my lawyer specifically stated that the officer did not read me the rights....and the judge didnt need to hear anymore. the officer admitted he didnt(which shocked the hell outta me) so the judge dismissed the whole case.
 

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well then there you go... In your case the officer obviously needed to Mirandize you before questioning you about the case. Our point was that you do not have to read Miranda simply because you arrest someone.

Don't be so suprised, MOST officers are honest and lawful; if we fuck up, we fuck up; we're human. No case is worth my job or reputation, so if I make a mistake the court will know about it.
 

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Great Info. I have a question about getting pulled over and when the cop searches your car. Back in Feb of last year i bought a new car its a 2000 si i went and picked it up in Tenn. it had quite a few burns in the front and rear seats and it just needed a good cleaning so i get home to Mo. and i had a few days off work so i decided to go ahead and clean it real good you know take out the seats and clean the carpet and so on. Well everything is going all good so im taking out the rear seat and to my surprize i find a dam a empty baggie that you could still smell of weed and some seeds scattered underneath the seat witch is not fing cool at all. If i had gotten pulled over on the way back i would have gladly said sure search it now what would of happened had he found all that b/c the bag it self was just stuffed down to the right of were the back seat passenger would of been sitting and im pretty sure if someone would of reached in their to try to find something they would have found it. B/c every cop has heard this "o its not mine or this is my buddies car im just barrowing it" b/s and it just basicly dosnt work so would you have done and what would of been my options other than telling the truth and hoping for the best?
 

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Discussion Starter · #87 ·
If you're the only one in the car it’s your responsibility, end of story. Most cops won't take someone to jail for what you explained, but some will.

Just remember once you take responsibility for the car and drive, you get everything that comes with that. No matter if the car is yours or not.
 

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ok, can they do this?

Over here in my town almost everyone finds it pointless to say no when in a car because all they do here is call K-9. Me and a buddy who only had a little pistol we said no just because who the fuck i dont want nobody going through my car, the thing is stereotypes, cops think you either have something or your trying to be a smartass. so then we said no and they called k-9. This has happened 2 tiems and both times they called k-9 and one of the time it showed up the other time idk i guess the k-9 was busy or w.e but yea.
 

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Also I was just recently arrested for domestic violence.

When he was putting me in handcuffs he said your under arrest for domestic battery do you have any questions?

He never said the Miranda, did he need to?
 

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The407n00b said:
Also I was just recently arrested for domestic violence.

When he was putting me in handcuffs he said your under arrest for domestic battery do you have any questions?

He never said the Miranda, did he need to?
i don't really understand your question in the first post. But i will say this, we have the right to hold you a "reasonable" amount of time for K9 to respond. There also has to be reasonable suspicion to use the K9.

Your question above. No he does not have to read you Miranda to ask you that question. Miranda only has to do with being asked incriminating questions. So after you were cuffed and he asks "Why did you hit her?", that will not be admissible in court. However using other statements and evidence it will not get you off scott free.
 

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no, he just asked me what happen.

Damn you have to remember all this when your a cop.
 

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RoflcopterDOWN said:
I was pulled over and the police asked my passenger if they could search the car but not me. They searched the car. Can i fight it? :confused
who's the owner of the vehicle?
 

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I was in a small town in west texas one night, and got a flat on my way back to lubbock. I had 2 people in my car asleep while I was changing the tire. I had a cop pull up behind me while I was changing it, and waited for me to finish. Then he asks me to take a breathilizer. In texas, if you don't blow, you automatically get your liscense suspended. I blew a .075(hadn't had a drink in several hours), legal limit is .08. I'm sober enough to effing drive, but I got a public intoxication ticket. I get arrested, the officer wakes up my passengers, also arrests them for public intox. Then he procedes to search my car, which was legal. He finds a baggie that had sticks and seeds, that didn't even look like weed anymore because it was so old. Anyways I didn't know it was in there(i forgot) but he ended up chargig all 3 of us with posession of marijuana also, after I told him it was mine, and also when I was being arraigned I told them it was all mine. My friends had to come up with another $150 a piece for the POM bond, we all got 1 year probation, and no matter how many times I claimed it, these crooked cops in west texas wouldn't budge. It was in my center console, under somce cd's and my insurance card and a bunch of shit. How are 2 sleeping people going to hide that w/o him seeing them move? Anyways after finding the sticks and seeds, the officer searched my car pretty hard-core. My back interior panel on the drivers side looks like a dam flashlight was used to bash it in, my air vents and defroster vents were cracked off, and the officer lost my keys while impounding my car. I told him I left them in the ignition while I was changing the tire, but the mysteriously dissappeared.
Was a public intox legal in this case? Or the charging 3 people with posession of the same bag? And was there anything I could do about them destroying the inside of my car searching?(no drug dog was ever called, so it was all a guess as to where he should look/break shit)
 

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This is interesting.
 

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Pimpn98 said:
I was in a small town in west texas one night, and got a flat on my way back to lubbock. I had 2 people in my car asleep while I was changing the tire. I had a cop pull up behind me while I was changing it, and waited for me to finish. Then he asks me to take a breathilizer. In texas, if you don't blow, you automatically get your liscense suspended. I blew a .075(hadn't had a drink in several hours), legal limit is .08. I'm sober enough to effing drive, but I got a public intoxication ticket. I get arrested, the officer wakes up my passengers, also arrests them for public intox. Then he procedes to search my car, which was legal. He finds a baggie that had sticks and seeds, that didn't even look like weed anymore because it was so old. Anyways I didn't know it was in there(i forgot) but he ended up chargig all 3 of us with posession of marijuana also, after I told him it was mine, and also when I was being arraigned I told them it was all mine. My friends had to come up with another $150 a piece for the POM bond, we all got 1 year probation, and no matter how many times I claimed it, these crooked cops in west texas wouldn't budge. It was in my center console, under somce cd's and my insurance card and a bunch of shit. How are 2 sleeping people going to hide that w/o him seeing them move? Anyways after finding the sticks and seeds, the officer searched my car pretty hard-core. My back interior panel on the drivers side looks like a dam flashlight was used to bash it in, my air vents and defroster vents were cracked off, and the officer lost my keys while impounding my car. I told him I left them in the ignition while I was changing the tire, but the mysteriously dissappeared.
Was a public intox legal in this case? Or the charging 3 people with posession of the same bag? And was there anything I could do about them destroying the inside of my car searching?(no drug dog was ever called, so it was all a guess as to where he should look/break shit)
Its not up to the cops to drop charges. Thats up to the state's attorney. And how did the officer loose your keys? Did the tow truck driver use your keys to tow the vehicle? If so, then the tow company lost your keys. You should have been given a copy of the tow slip. The charges sound pretty legit to me. you were intoxicated, so your credibility on remembering where your keys are is all fucked. Sounds like its your loss.
 

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NoobieNooberson said:
Its not up to the cops to drop charges. Thats up to the state's attorney. And how did the officer loose your keys? Did the tow truck driver use your keys to tow the vehicle? If so, then the tow company lost your keys. You should have been given a copy of the tow slip. The charges sound pretty legit to me. you were intoxicated, so your credibility on remembering where your keys are is all fucked. Sounds like its your loss.

I claimed the bud when he asked who's it was. It was my car. My friends had no idea it was in there. And I claimed it. So 3 people being charged with it was overkill. I remembered exactly were my keys were. My radio was playing. My radio does not play when the keys aren't in it. The officer told the tow truck driver they keys were in the center console, but sure enough they were nowhere to be found. My windows were left down all night and the next day until I got my car. All the shit the cops went through was scattered throughout the car so I hoped I'd find them, but nope. The tow truck driver used no keys to tow it. I never even got a tow slip or reciept. Sure, if you call being below the legal limit intoxicated, I was intoxicated. They sucked every dime out of us that they could, and destroyed the interior of my car. Over 4 weed seeds and a stem smaller than a tooth pick.
 
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