Free Republic
Browse · Search
News/Activism
Topics · Post Article

To: Sopater

The officer didn’t “mirandize” the victim. Sheesh! Also, the officer performed an illegal search so therefore whatever he found wouldn’t be admissible in a court of law.


51 posted on 11/21/2007 12:18:34 PM PST by lilylangtree (Veni, Vidi, Vici)
[ Post Reply | Private Reply | To 1 | View Replies ]


To: lilylangtree

What?

The cop has to read the rights before questioning, not before the arrest.

And the cop has significant latitude in a search after the guy’s behavior. Much more than a Terry or lunge area search.


56 posted on 11/21/2007 12:21:33 PM PST by SJSAMPLE
[ Post Reply | Private Reply | To 51 | View Replies ]

To: lilylangtree

The officer doesn’t have to mirandize the driver until he has him in custody and his environment is secured. As far as searching the vehicle he asked the wife if she was taking possession of the vehicle and then asked her if he could look inside. If he had found something he would have been covered by the video.


63 posted on 11/21/2007 12:23:57 PM PST by USNBandit (sarcasm engaged at all times)
[ Post Reply | Private Reply | To 51 | View Replies ]

To: lilylangtree

I agree, I noticed the “search” of the vehicle and no arrest. Bad day for USP


79 posted on 11/21/2007 12:30:33 PM PST by tiger-one (The night has a thousand eyes)
[ Post Reply | Private Reply | To 51 | View Replies ]

To: lilylangtree

The officer didn’t Mirandize the victim during the course of the video. That doesn’t mean he didn’t do it after the video stopped. Once he was under arrest, the officer had probable cause to search his vehicle.


126 posted on 11/21/2007 1:07:26 PM PST by SALChamps03
[ Post Reply | Private Reply | To 51 | View Replies ]

To: lilylangtree
The officer didn’t “mirandize” the victim. Sheesh!

Victim? A victim of his own stupidity.

You don't have to Mirandize a perp. Miranda rights are only given before questioning in order to make any confession admissible. When a crime is committed in front of a cop (like resisting arrest) and its all caught on film (like this one) you don't need a confession.

441 posted on 11/22/2007 2:48:52 AM PST by P-Marlowe (LPFOKETT GAHCOEEP-w/o*)
[ Post Reply | Private Reply | To 51 | View Replies ]

Free Republic
Browse · Search
News/Activism
Topics · Post Article


FreeRepublic, LLC, PO BOX 9771, FRESNO, CA 93794
FreeRepublic.com is powered by software copyright 2000-2008 John Robinson