We are already in a police state. Just released from jail in NYC. HEAR ME OUT!

Originally posted by seeashrink
reply to post by spacekc929

 

I'm very, very familiar with Miranda v Arizona. The law is this: If I suspect you of a crime and begin to question you without arresting you, you are not in custody I am not required to mirandize you. If I arrest you and do not ask you any questions, then I am not required to mirandize you. Thats why we ask the questions before you are arrested. Questions such as age, name, date of birth, address, etc., are not covered by miranda. As a detective I'm required to know this.
Seeashrink

If you think you are possibly in serious trouble, that is exactly why you never talk to cops except to give name, et cetera as pointed out above.

Never say anything beyond that bare minimum info like age, DOB et cetera until you have a lawyer with you.

If they ask you anything beyond that simple minimum, inform them that you are taking the 5th amendment and exercising your rights under it, and request the presence of a lawyer.

When you open your mouth you risk giving them ammo to charge you with a crime, and ammo to convict you.

Law professor James Duane:

video.google.com...#

First I want to thank everyone for the positive posts and insight on the situation. [snip] I need to address a few things. First off the comment made wasn't anyway against the officer. I was highly respectful and didn't act up, resist, get fresh or anything. This is exactly how it went down regarding the comment. We were in the vehicle and this woman walks by and the cop was like damn I'd hit that and he goes would you to the other officer. He replies no man she's too big for my taste and he was like are you crazy?! So for some reason he asks me and I replied that I wouldn't because I wasn't really into black women. So after he pulled that stunt with the bullet I asked was that for the comment I made? In which he replied yes. Him being black and me being white I didn't say anything bad. I've been with black, white, latin, asian, etc. I love all types of women and I'm the last one to discriminate against anyone.

To seeashrink I didn't say I was more intelligent than the officers. I was talking about the people in the cell when we were talking political. Second I don't appreciate being labeled as a "druggy." Even IF I was addicted to drugs why should I be penalized as a criminal? In Portugal they decriminalized possession of ALL drugs. It's still illegal to sell but if you are a user they put you in a program and try to help you instead of treating you like a criminal. I know drugs are illegal, but what if I am a victim? If all the drugs were kept out of the country then we wouldn't have these problems, but that's impossible to accomplish. So what is this war on drugs really about? And I apologize not all cops are pigs, but most of them are. I'll admit I've met some cool officers throughout my life so I know they aren't all bad.

As far as the Miranda rights goes I wasn't read them and I wasn't high at the time. The only reason I can see is if they were watching the building because I walked up the block a little bit after I came out and they came out of nowhere and threw me against the wall. What happened to innocent until proven guilty?

Also to whoever said that dude who took the wallet was my friend is also misled. It was some white kid from buffalo and I'm not saying he wasn't guilty, but if cops plant a wallet on the floor and then arrest you for it I think that's entrapment and messed up. Who's to say he wasn't going to give it to a police officer?

Also I don't work for the government nor am I a cop and to everyone who thinks I got what I deserved that's pretty messed up. If you were in a car and didn't know the person had something on them and you both get arrested for it because the other person didn't claim it was theirs how would you feel? Would you feel things were justified? You will have to go through the system and all the nonsense over nothing. I know that's not my situation but it's a highly possible scenario.

And so what if my mood says revolutionary. It's been like that for awhile. I can't speak my mind now?

Originally posted by mydarkpassenger

If you think you are possibly in serious trouble, that is exactly why you never talk to cops except to give name, et cetera as pointed out above.

Never say anything beyond that bare minimum info like age, DOB et cetera until you have a lawyer with you.

If they ask you anything beyond that simple minimum, inform them that you are taking the 5th amendment and exercising your rights under it, and request the presence of a lawyer.

When you open your mouth you risk giving them ammo to charge you with a crime, and ammo to convict you.

Law professor James Duane:

video.google.com...#

The second part to this features Officer George Bruch, advising the same exact thing if you look on the right side of the webpage.

reply to post by NadaCambia

It's a shame you have to point to typos to make yourself feel superior.
I am not contradicting myself. Police Officers have discretionary powers, if we didn't we would be bound by the exactl letter of the law and you would get a ticket for going one mile over the speed limit. I give about 1 ticket for every 5 vehicles I stop and that is because of those dicretionary powers. Trust me, you don't want to see those powers go away. I don't care about the guy with the roach, I care about the guy with the 2 kilos and if I'm nice to the guy with roach it will go a long way toward getting the guy with the kilos. You think we are buttholes, but out of a 100 lawbreakers we come in contact with, we prosecute about 30%; and not to worry, the court lets most of them go.
Seeashrink

reply to post by mydarkpassenger


Bingo! Anything you say can and will be used against you in a court of law.
Seeashrink

OP, ... dont worry about a REAL lawyer, its really not that big of a crime, ..... your public defender will cop a plea deal and you'll get formal probation is my guess. no jail time.

yet you still have options:

You can see what the plea deal is, .... and if you decide to fight it, if the public defender is gung-ho, ( and some of them are) he'll take care of you, ..... if you dont like him THEN you can hire a real attorney.

but i think the plea deal will satisfy you, and besides, ...... its free

Its a bum rap, .... i know this, ..... but sometimes we have to take them, ... life isnt fair.


.... and a police state is only possible with the consent of the public, we have become too dependant on police, now adays you'll notice that whenever something really minor pops off in public, .... someone will always say " dont make me call the police" ..... for the smallest of things, like an argument.

In the rainforests of brazil they dont have cops, .... and they do just fine, thats because they govern themselves, .... and allow the natural laws of action/reaction to run their course.

reply to post by stigup


I apologize for implying you are a druggie. I am a recovering alcoholic, I understand. For the cop to make such a comment in front of you about a woman was highly unprofessional. New York cops are a different breed from what we have here in the south. From what those guys deal with I somewhat understand but that doesn't always justify the means. I've said it a hundred times in different threads; there are a lot of bad cops/pigs out there, but there are a lot of good ones too.
I've been shot at and fought. I have seen brains blown out, cuttings, beatings, and stabbings, and just this past week I helped cut a guy down who hung himself, he was a young man in his thirties. I then had to tell his wife and his mother. Not asking for sympathy here, it's my job and I chose it. But we are human too. We have all the frailties of everyone else, yet we are held to a higher standard and in many cases we should be. I guess what I'm trying to say is that it is a two way street. We are all just people trying to get through life. I wish you the best in your case. I think that in your shoes I would at least file a formal complaint about the officer's comments, I suspect that it will not be the first complaint filed on him.
Seeashrink

reply to post by stigup


You're a criminal...you admitted it right here...you deserve whatever happens to you...
and your friend the wallet thief? That's not entrapment...he stole a womens wallet ,regardless how much cash was inside....You are what's wrong with society...I hope you get whatever you deserve.

OP doesn't want to hear anything but, "I'm so sorry about your loss." and calls anyone else "douched." Classic, dude. Really.So what do we have here?

Guy has been arrested twice before, one disorderly, one he won't say.
Guy is in possession. It's illegal (Maybe it shouldn't be, but it is) and he knows this.
Guy gets himself arrested.
Guy says he's "not into Black women" a racist and very stupid comment. Yes or no would suffice.
Guy obviously has attitude.
Guy gets messed with - a bit. Was he hurt? No, just a little humiliated, poor boy.
Guy gets charged with intent.
Guy freaks out over scanner.
Guy spends a whopping 24 hours in jail.
Guy tells story of friend who takes wallet and thinks it's unfair he gets popped.

Here's some thoughts.

Don't carry drugs where they are illegal. If you must, move.
Don't mouth off to cops or act superior. You're not.
Don't steal wallets. Don't get arrested for theft.

Pretty simple, really. My prediction is that you have not seen the last of the inside of a jail cell. You'll probably get off with this one, but the thing is, with an attitude like yours, there will inevitably be a next time. Be sure and tell us what happens in court.

reply to post by nivekronnoco



a criminal ??

when in some states it is easy enough to get a license for such thing and make it "legal" ??

your view of black and white justice disturbs me.

Is it right for police officers to make charges up and destroy evidence ??? is that ok just because he had a plant on him that society labeled "bad" because the white majority beleived black people were using it to seduce their daughters ???

reply to post by stigup


Many (certainly not all, probably not most) cops need to screw with inmates to keep themselves from blowing their brains out as a result of becoming a cop and basically being hated by all. I know that sounds ridiculously overly-biased but, my experience has shown m nothing else. I'm by no means trying to justify their aggression, merely I am attempting to understand it.

I was arrested in New Orleans for a parking ticket I had not payed and was kept in the lock-up for over 15 hours. When I first got to the station I was put into a 3foot by 3foot by 10foot (height) cell WITH ANOTHER PERSON and left there from ~6:00 PM until ~1:00AM. At that time I was finally processed (no iris scanner or strip searching, though I would gladly produce a most fowl bowel movement if anyone tried) and allowed into the big cell with bunk beds and people who could potentially stab me. Luckily, they were all interesting people who didn't mind talking to someone who never shuts-up (me). Once I was in the bigger cell a cop came in about every 15 minutes to wake up anyone sleeping and harrass anyone awake.

I was never read my rights. I was never allowed a phone call. I wasn't even allowed to use a phone in the lock-up to call for a ride once they released me. This experience has honestly made me lose a lot of respect for cops. I will never again cooperate and go to jail easily. It's honestly worth it to just try to fight them off. More charges, you say? They could do that anyways, to be honest.

In closing, remember: Cops aren't cops to protect and serve, they are cops because they need a job. They DO NOT care about you, they DO NOT care about the laws, and they certainly DO NOT care about your rights as a citizen of the United States. Any argument otherwise is, quite frankly, naive.

Rereading this makes me exceptionally sad. I simply do not understand unwarranted aggression.

Honestly I never want to go out of my house again and even chance running into police


then thier job is done......

reply to post by stigup


Sell your stuff and move out of that city. East side of the big island of hawaii.

reply to post by knylon90


I also spent time in New Orleans Prison for about 24 hours, only time I've ever been in Jail and I was completely innocent.

2 of my friends and I were in a bar (the only ones in the bar). A homeless guy comes in and starts asking the bartender for food. She gives him some leftovers and tells him to leave. As he's walking out, he throws his food at my friend who's at the juke box and just starts punching him. My friend Pete and I went over to break them apart. My friend AJ then proceded to beat the crap out this guy. We never threw a punch.

Anyways we waited for the cops (stupid thing to do). The cops said since the guy got put in an Ambulance they had to take all 3 of us to jail. Even though the bartender told them our side of the story. They let me call my dad before getting into the car and all that stuff.

Long story short, it suuuucked. Jail is a horrible place. I realized it was just for money for the most part. A business.

I got let off 2 days later by the judge BTW.

reply to post by stigup


Hey youre lucky they didnt throw you in the tombs LMAO!... but yeah listen the legal aide is there to make you take a plea. Dude I think you should go to 161st in the Bronx and look up Jason Steinberger. Good Guy and Good Lawyer. He is right by the court houses and he charges decent fair prices. BTW get a bill of rights pamphlet and read it plus respect police sun they have a very demanding job and although I am never pleased to meet their acquaintance in the street I have been helped by police on occasion and I have friends and family on the force.

Still one more thing 24 hrs is good timing I was stuck in bookings 2 times for3 days. If you wouldnt have said anything to the police, like youre supposed to, I bet they wouldnt have done anything to you but give you a summons, since you dont have any felonies. If youre a felon tatoo a bullseye on your back and call it a night. 1

PS that kid who walked out with the wallet is lying since he didnt leave it with security. Why walk out with it if it doesnt belong to you? I can understand maybe, not that I would, taking a twenty spot out of the wallet and handing it over to whatever lost and found they have. But that kids intent was to "claim" the wallet and that is stealing even if you originally did not initiate the theft. Like driving a car you find running without an occupant to times square and getting caught in it; although the peron who was in it before you had lost the police on foot and you didnt fit the description it is still unlawful possession of someone else's property. Peace

reply to post by stigup


Lets see-

You commited a crime that you admit too.
You smarted off to a Cop knowing you were guilty.
The Cop responded by giving you a little verbal greif just messing with you.
You got an entirely normal search procedure for anyone caught with illegal drugs, just like everyone else.
You got in front of a Judge inside of 24 hours, nowhere near the three days they could have waited.
You don't like being arrested and treated like a criminal.
You chose to use drugs, knowing full well it is a crime for which you can be arrested and jailed.
Your way past being a kid, so you are not naive about drugs or the laws.

Did I miss anything? What's your point?

reply to post by seeashrink


LOL a complaint in NYC can lead to bad feelings from some very bad people you "may" run into again.

Originally posted by nivekronnoco
reply to post by stigup

 

You're a criminal...you admitted it right here...you deserve whatever happens to you....You are what's wrong with society...I hope you get whatever you deserve.

Actually, I think that uncompassionate tools like you are what's wrong with society.

The OP admitted to having to having drugs on him but felt the treatment he received was not warranted. Yet you feel that he "deserves" whatever happens to him. Really? Whatever? I guess you have never made a mistake in your life.

reply to post by stigup

DISCLAIMER- I am not judging or criticizing you, just offering a bit of advice.
You stated you were in posession of drugs and paraphenalia, unless you were wearing a hemp hat and a bong necklace something happened to make the police take notice. You are upset about your treatment and rightly so, the process is designed to establish dominance not equality.
Your drug of choice is your Achilles heel, it puts you in situations you can't control and the risk reward ratio is heavy on the risk side.
The last place you want to be when the SHTF is in jail. When Katrina struck there were a lot of people doing an overnighter for minor offences, in the panic that ensued the corrections officers at the city lock up abandoned that facility. The prisoners were locked in their cells with no food or water, they drank from their toilets and ate toothpaste, when things calmed down they were loaded on buses and transported elsewhere.
Now imagine something catastrophic, a long term event with no visible end in sight. You'll be in a cage, in the dark, listening to men going insane.

reply to post by stigup


I challenge any of you to witness the inside of a Russian police station LOL. Then talk about how bad the American police really are. I was arrested too in America, and the cops were real wise-asses, but hey, they deal with jerks every day of their life, I could kind of understand their mentality.