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Anyone know laws?


CowboyFromHell`X

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And what kind, too, like estate, tax, motor vehicle, controlled substance act? Not something you need to put on the board, necessarily, but ask your legal counsel how much they know. I doubt anyone would intentionally steer you wrong here, but in case you end up getting counsel anywhere else...

 

Oh, and P.S., best of luck with whatever you're dealing with.

Edited by appalachian_fox
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Hmm, you all just assume he is asking for himself. I am sure it is for a "friend" of his. ;) j/k

Yeah, a "friend." Anyway, the questions I had I asked my dad but he seems to be the type to ignore everything. I was wondering if you could just be singled out of a group and searched for no reason at all. And I was wondering if they have to read you your miranda rights when you get arrested.

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Oooh, I have a friend who's a cop! I can ask him later today...he works night shift, sleeps during the day. I don't think those things vary by state, but if they do he'll be able to tell me.

 

Maybe "your friend" can get the para charge dismissed if it was unloaded :P

 

But seriously, I'll ask my friend later and best of luck with this.

Edited by appalachian_fox
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My only qualification being that I'm a card-carrying member of the ACLU - I'd say that if you had a pound of pot, Jimmy Hoffa's pinky ring, and a MAC-10 under the seat - but they didn't read you your Miranda rights then you should walk.

 

There's a reason we have laws and that they should be followed, if they didn't then the cop is at fault.

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There are 3 types of police encounters:

 

Consensual Encounters

Terry Stops (after Terry v. Ohio) and

Arrests

 

Consensual encounters are just that; if you're brilliant enough to let them do what they please, live with the consequences.

 

For Terry stops, the police must have a reasonable articulable suspicion that criminal activity is happening. In a Terry stop, they can only frisk you for weapons, basically for the safety of the officer(s) and the public. There is some caselaw on a "plain feel" doctrine, but I don't know it off the top of my head.

 

Arrests require probable cause that you committed an offense.

 

Adjusting the seat sounds like a furtive movement argument for searching the car, not the person. Without details, it would be difficult to give any answer. The 4th Amendment is very detailed and there can be some real differences b/w the States on how it's interpreted.

 

And, you never HAVE to be Mirandized. Miranda only applies to custodial interrogations, and only in those situations where the State intends to use statements you made at trial.

 

There's my brief synopsis. :)

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