Posted on 12/04/2023 12:58:34 PM PST by Red Badger
(And we are not really following the constitution that closely any more)(Too many Biden type tyrants/deep staters out there). Sad.
The ruling is wrong. It is unconstitutional period. Detainment “unrestrained” is different. But once the cuffs go on you are legally arrested by the very definition. If you will notice some states do it and others do not. Why? Because those that do not do it know it is unconstitutional.
Again... It presumes guilt before it can be proven. If an officer is sure he can prove guilt then arrest them. Until then they are an innocent party who is having their presumption of innocence rights violated. Any case law to the contrary is wrong and has rendered an unconstitutional ruling.
There’s a great video on youtube — NEVER talk to the police.
Has a defense lawyer explaining it.
NEVER talk to police - even if 100% innocent. Maintain silence and wait for your lawyer to be there.
“But once the cuffs go on you are legally arrested by the very definition.”
That’s factually incorrect. A not so rare misunderstanding to be sure, but wrong nonetheless.
Ultimately he wasn’t charged......................
If one should ever find oneself in this situation and having to deal with the cops, keep your mouth shut and don't say anything except this:
(Respectfully) "Officer, I'm not feeling well right now at all and I need to be examined by a physician."
Nothing wrong with adding a little affect to one's speech while saying this, as if one is about to puke or about to have a panic attack or whatever. At that point the cops take you to the emergency room instead of to jail.
Obviously, one does not wish to put this instruction to the test but there it is.
For me, it would not be an 'effect', it would be real.................
bttt
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