Originally posted by Sleuth
While in the lawful pursuit of their duties, she is obliged not to obstruct their investigation.
As long as the police ask no accusatory questions and she is not under arrest, she does not have to be Mirandized and, therefore, has no right to an
attorney.
No one really expects a parent to rat out their kid.
As for giving up and trying another day, you are saying the police should be negligent in their duties. They had a warrant and with that warrant comes
a responsibility, particularly once service of the warrant is in motion.
The police cannot just say, "Oh, I don't feel like serving this warrant anymore because this woman is crabby. Let's get coffee and come back
later." That gives Mom, et al, time to regroup and plan and further obstruct justice. Junior can get the heck out of Dodge; evidence can be moved or
destroyed.
They do. The problem is that citizens often do not understand the laws which they are subject to and, consequently, emotions run out ahead of logic on
the track to resolution.
The police are responsible for enforcing the law. They spend a lot of time in classrooms with their noses stuck in statute books so that they
interpret and apply it properly on the street. Then citizens, with a basic TV or high school understanding of law, second-guess their every move.
It's not an easy job to be pummeled from all sides.
The public should educate itself about the laws that apply to it. Life would be a whole lot easier for everyone if it did. No one ever seems to think
about that though.
While she may be obligized not to obstruct their investigation, she is not obligized to inform on her child, or speak to the police.
Obviously those particular officers did expect her to "rat out" her child.
And if she is not mirandized, she should not be treated as a criminal and have police officers attempt to force her to give them information that she
is not willing to give them. She has a right not to speak to anyone that she chooses not to.
And we all know that being read your miranda rights doesn't mean squat in this country anymore. Especially when there are officers out there that
will handcuff people take them into the station and process them, hold them for 12 hours, and not once tell them they are under arrest and NEVER read
them their miranda rights, refuse them their phone call, their right to an attorney, etc, Oh wait a minute i forget they have no rights because they
were not read their rights isn't that right, but i suppose you'll say that that's ok too. Fess up the cops have learned all the ways to get around
the laws that they are supposed to uphold, but i do understand that it's not solely their fault, let's not forget about the judges that allow them
to get away with it.
Reread my post and read what i actually said, not what you think i said. I didn't say try another day, i said try another WAY. Meaning try
questioning his friends, nieghbors, other relatives concerning his whereabouts, since his mother obviously wasn't going to give them that
information.
You're right they have a responsibility to carry out that warrant, however those responsibilities do NOT include harrassing & bullying innocent
people who the warrant was not issued for.
The police need to understand that the ends does not always justfy the means. Unfortunately we now live in a society where a good amount of police
officers seem to think that they ARE the law, but they aren't, they are simply supposed to uphold the law.
You're right often the citizens do not understand the laws that they are subject to, unfortunately there are officers that take advantage of that
fact. Of course emotion is going to run ahead of logic when a mother knows that her child is in trouble, a fact that any good police officer should be
aware of and prepared to deal with, which means diffusing the situatiuon without the use of excessive force.
Most people when confronted by a police officer, even in something as simple as a traffic stop are intimidated by the police which will tend to make
them more emotional than logical. again something a good officer is aware of and doesn't take advantage of.
Maybe along with studying the laws the police should also study human nature and be given a little more instruction on how to peacefully diffuse a
situation. I have seen plenty of good officers that can and do this. I have also seen plenty of bad officers that can't be bothered to take the time,
and could care less, all they seem to care about is the power that comes with the badge, and how dare a citizen question them, or refuse to follow
orders like a mindless zombie even if the orders were unjustified.
I have also seen citizens that are very much aware of their rights, but when they try to stand up for there rights a lot of officers can't handle
that and they are the ones that escalate the situation.
As far as people educating themselves on the laws, you're right that should be thought about, by the goverment. Maybe people should be taught in high
school what the laws in their community are, or hey even issue us a handbook to carry around with us that tells us the laws AND our rights. People are
just thrown into society without a clue as to what most laws are, or what they mean.
I am aware that it is not an easy job getting pummelled from all sides, and i am aware that there are many good officers out there that do an
outstanding job, and i have much respect for the good ones. You should also be aware that there are many bad officers out there that think that they
are above the law, and that they are the law, and unfortunately they are becoming more and more frequent and it is the through the dealings with those
officers that the citizens have developed such a distrust for the police force.
I also believe that we are all (police and citizens alike) just a pawn for a corrupt goverment game. What better way to take our country away from us
than to put such a rift between the police force and the citizens that when the day comes we have such anomosity between us that the police will see
the citizens trying to keep their country and hold on to our beloved constitution as the enemy, instead of seeing the real enemy that is trying to
tear this country down and turn the constitution into just another piece of paper