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Park Ranger Cites Militia Leader, Seizes His Gun
The Arizona Daily Star ^ | Monday, January 27, 2003 | Tim Steller

Posted on 01/27/2003 1:25:59 PM PST by Spiff

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It's to bad illegal aliens are not treated like this. Instead, the government puts out drinking fountains in the desert for the illegals and offers them cheap college tuition.
161 posted on 01/27/2003 7:29:53 PM PST by Joe Hadenuf
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To: Poohbah
Depends. I've seen cops seize automobiles and all property in them during "routine" drunk driving stops

I understand you are attempting to dance around this incident, however, being stoped while DUI is not a routine traffic stop for a moving violation, unsafe lane change etc........

And no, they do not seize your belonging for a routine traffic stop, no matter how hard you dance....... Not yet anyway...

162 posted on 01/27/2003 7:33:43 PM PST by Joe Hadenuf
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To: Joe Hadenuf
I understand you are attempting to dance around this incident, however, being stoped while DUI is not a routine traffic stop for a moving violation, unsafe lane change etc........

OK, yes, I've heard of "routine traffic stops" turning into seized vehicles. Of course, that happens when (a) they discover the guy has warrants out or (b) the guy starts spouting off at the cops and make the stop non-routine.

And no, they do not seize your belonging for a routine traffic stop, no matter how hard you dance....... Not yet anyway...

However, a weapons violation is not a "routine" citation...no matter how hard you dance...

163 posted on 01/27/2003 7:38:00 PM PST by Poohbah (Four thousand throats may be cut in a single night by a running man -- Kahless the Unforgettable)
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To: Poohbah
Being detained for awhile is not being under arrest. Being stopped for a traffic violation is not being under arrest. Being given a ticket for that violation is not being under arrest.

I know you can't stand borders or our sovereignty, but try and pay attention. I was responding to this from another poster.

In routine traffic violation stops, they do not seize your belonging.

LOL! Say routine slowely. Repeat it often....

164 posted on 01/27/2003 7:41:57 PM PST by Joe Hadenuf
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To: Joe Hadenuf
Slowly too.......Hehehe.
165 posted on 01/27/2003 7:42:53 PM PST by Joe Hadenuf
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To: Joe Hadenuf
Uh, Joe...are firearms violations "routine stops?"

BTW, that was someone else arguing those points, not me--and those arguments have been about as thoroughly shredded as Hillary Clinton's Whitewater documents...

166 posted on 01/27/2003 7:45:10 PM PST by Poohbah (Four thousand throats may be cut in a single night by a running man -- Kahless the Unforgettable)
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To: Joe Hadenuf
This is getting funny. All we need to make the night complete is some of BlackElk's ponderous pontifications.
167 posted on 01/27/2003 7:45:28 PM PST by JackelopeBreeder ("Push to test." <click> "Release to detonate." Uhh, lemme see that manual again.)
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To: Poohbah
Nope. Being under arrest has a legal meaning.
And that incident met the description of an arrest.

No, it doesn't.
Note that the article nowhere mentions that they were arrested. No where does it say they were taken into custody. In fact the very first sentence says they were cited. This means they were given a ticket.

You are told you are under arrest.
Wrong. I've been legally "arrested" without ever being told it explicitly. If the officer says you can't leave of your own free will, or attempts to interfere with your efforts to do so, you're under arrest.

Nope. Legally, you were not under arrest until you were told you were under arrest. When a trooper stops you for speeding, you are not under arrest while he spends 15-20 minutes checking out your car and ID. You are being detained. Legally it's different.

You are read your Miranda rights
Not always. Again, I've been "arrested" in the legal sense without getting Miranda'd.

If you were arrested without being Mirandared, you can get it kicked very quickly.

You are searched and handcuffed.
The former of which happened in this case.

You are taken to the station and booked.
Not always.

Then why were you arrested? That's the whole object of being arrested.

If this doesn't happen you are not under arrest.
Please don't go into legal practice.

I'm not a lawyer, not do I play one on TV. However my father was a cop for over 25 years, and I definitely know what constitutes a valid arrest.

Being detained for awhile is not being under arrest.
Until the cop says you can go...you're legally under arrest.

Nope. You are being detained. Just like you are not under arrest when you are stopped for a speeding ticket.
And there have been cases of "false arrest" that have been prosecuted WRT a cop "detaining" someone without giving them their Miranda warnings or letting them go.

Being stopped for a traffic violation is not being under arrest.
Until the cop says you can go...you're legally under arrest.

Nope.

Being given a ticket for that violation is not being under arrest.
Finally, you have said something correct. The act of writing a citation is, in itself, not an arrest.

So you are saying that when you are stopped for a traffic ticket, you are under arrest, and then after you get the ticket, you are suddenly "unarrested". I don't think so.
168 posted on 01/27/2003 7:54:11 PM PST by chaosagent
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To: Poohbah
You know Poo, when I read your posts, I fell like I'm selling Liberty Bell soveigners at an terrorism convention in Bagdad.
169 posted on 01/27/2003 7:54:52 PM PST by Joe Hadenuf
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To: Joe Hadenuf; Poohbah

For all your endless bellyaching about undocumented aliens from the Southern border (and never the Northern border, interestingly), we have yet to hear you condemn tax cheats, Anglo or otherwise, who likewise are law-breakers.

170 posted on 01/27/2003 7:55:33 PM PST by Cultural Jihad (Ain't freedom grand! People have so many freewill choices they can make!)
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To: Joe Hadenuf
Nope. That's why I said they were not 'legally' arrested. They were stopped, detained, and given a ticket for the misdemeanors.

The confiscation is a whole 'nother ball of wax.
171 posted on 01/27/2003 7:58:14 PM PST by chaosagent
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To: chaosagent
So you are saying that when you are stopped for a traffic ticket, you are under arrest, and then after you get the ticket, you are suddenly "unarrested". I don't think so.

You are arrested until the cop hands you your ticket and tells you that you may go. At that point, you are "released" from the condition of being arrested.

172 posted on 01/27/2003 7:59:02 PM PST by Poohbah (Four thousand throats may be cut in a single night by a running man -- Kahless the Unforgettable)
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To: Joe Hadenuf
You know, Joe, when I read your posts, I feel like a genius who made a wrong turn into the idiot's convention...
173 posted on 01/27/2003 8:00:04 PM PST by Poohbah (Four thousand throats may be cut in a single night by a running man -- Kahless the Unforgettable)
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To: Cultural Jihad
LOL! Can we stop our bleeding borders before we go after petty Anglo tax cheats....LOL!

Interesting, you would bring that up on this thread. Hehehe. What's your real agenda CJ?

174 posted on 01/27/2003 8:00:24 PM PST by Joe Hadenuf
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To: thepitts
Next time you see a cop or a lawyer, go up and ask him.

If you were not told you are under arrest and mirandized, you are not legally under arrest. You are being detained. Just like at a traffic stop.

If a cop can convince you you are under arrest, without really arresting you, it's to his advantage.
175 posted on 01/27/2003 8:02:39 PM PST by chaosagent
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To: Poohbah
Call a criminal lawyer and ask him.

If you are not Mirandized, it is not a legal arrest.
176 posted on 01/27/2003 8:06:34 PM PST by chaosagent
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To: Joe Hadenuf
Ah, so the issue isn't lawbreaking or the bleeding taxbase, but those little brown people, eh?
177 posted on 01/27/2003 8:07:57 PM PST by Cultural Jihad
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To: Poohbah
Nope. Legally you are being detained.

If you are not Mirandized, you have not been arrested.

Remember that's the whole idea of being read your Miranda rights.
178 posted on 01/27/2003 8:08:19 PM PST by chaosagent
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To: chaosagent
Call a criminal lawyer and ask him.

I did.

179 posted on 01/27/2003 8:09:28 PM PST by Poohbah (Four thousand throats may be cut in a single night by a running man -- Kahless the Unforgettable)
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To: Cultural Jihad
Ah, so the issue isn't lawbreaking or the bleeding taxbase, but those little brown people, eh?

Heeeeeeeerrrrreeesssss the race card. LOL! Didn't take to long to pull it.

This thread is about people being harrassed while attempting to patrol our borders, since the government could care less.

This thread is not about ANGLO TAX CHEATS, even though you tried to steer it that way.

LOL! Hehehe......

180 posted on 01/27/2003 8:12:22 PM PST by Joe Hadenuf
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