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  • From: Ian Meyer <ianmeyer AT mac.com>
  • To: "Internetworkers: http://www.ibiblio.org/internetworkers/" <internetworkers AT lists.ibiblio.org>
  • Subject: Re: [internetworkers] Welcome to ... Amerika
  • Date: Mon, 21 Jun 2004 16:07:57 -0400

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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