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[Ian Meyer <ianmeyer AT mac.com>]

or how about this, due to a little civil disturbance i had the 
pleaseure of meeting some of NC State's finest this weekend. They stood 
around for a little while, but when it came to fill out paperwork, 
issue a campus appearance ticket, and depending on what the book said, 
possibly arrest me (HAH! that didn't happen), they took me to one of 
the officer's cars. Now, one of my friends who was there when the 
incident was occurring started to follow a little behind me and the two 
officers, but when we got near the car, one of the cops turned to him 
and said "we got it from here" with the clear implication of "GTFO 
before I make you."

what gives with them telling him not to stick around and to leave us 
alone? what if, heaven forbid, there had been some sort of abuse of 
power, i would have preferred to have had someone else there to see 
it...

anyway, just ranting a bit...

~ian


On Jun 21, 2004, at 2:33 PM, Alan MacHett wrote:

> Here's a thought, and I'm simply hypothesizing (?) here...
> Corrections welcome.
>
> So, if I recall correctly, the police may hold someone for questioning 
> for
> up to 48 hours, right?  or 24?  whichever.  They can hold someone for X
> hours for questioning without making an arrest.
>
> According to the 1968 Terry ruling, a stopped suspect must offer at 
> least
> a minimum amount of information to the police.  This is being upheld 
> again
> with the Hiibel ruling.  In other words, Miranda doesn't apply until an
> arrest is made.
>
> So imagine this (laughably simple) scenario:
>
> Officer: Alright, Sir, what's your name and what's going on here?
>
> Fellow: I don't got to tell you nothin!
>
> Officer: Well, yes you do sir.  I'm just trying to figure out--
>
> Fellow: Ha! I know my rights!  I got the "right to remain silent."
>
> Officer: Okay, but you're not under arrest.
>
> Fellow: Huh?
>
> Officer: You aren't under arrest, so you need to tell me your name and
> what's going on here or I'm gonna haul you in for obstruction of 
> justice.
>
> [Banter continues.  Perhaps the officer takes the fellow downtown for 
> his
> X hours of questioning/pressure.  Eventually the fellow relents and 
> gives
> up his story...]
>
> Officer: Okay, Mr. Sukkerdin, you're under arrest for [crime].  You 
> have
> the right to remain silent. [Officer thinks to himself, "But since we
> already have your confession, that doesn't matter now does it?"]...
>
>
> ---
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