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Topic Summary - Displaying 4 post(s).
Posted by: retcopper
Posted on: Mar 20th, 2006 at 4:50pm
  Mark & QuoteQuote

Sergeant is correct about Miranda.  In my opinion and from my experince twoblock is wrong to say that 90 % of the cases are whitewashed. The facts are that about 90% fo the "beefs" against officers can not be sustained for various reasons. Many of the charges leveled at officers are because of sour grapes, a good defense is a good offense, etc..
Posted by: Sergeant1107
Posted on: Mar 19th, 2006 at 3:23am
  Mark & QuoteQuote
Law enforcement officers must read a suspect their Miranda rights when the suspect is in custody and is under interrogation.  That does not necessarily mean the person has been arrested. 

There is ample case law on the books to show that "custody" is interpreted by appeals courts as: "if a reasonable person in the same situation would have felt they were not free to leave."
Posted by: Twoblock
Posted on: Mar 19th, 2006 at 12:59am
  Mark & QuoteQuote

I am not in LE and never have been, but you are and should know this. I believe they only have to read you your rights and the time of the arrest. Correct?

As to Administrative Inquirey: (fishing) -  Yor are correct. That is a legal way for which to extract information, which will be used against anyone, before he/she is arrested. If their is a civilian complaint against a LEO, this process (internal investigation) is used to whitewash the cop about 90% of the time. Occasionally the cop gets charged. If you have been a cop very long, I'll bet you have seen this happen. I make this determination from years of researching and taking notes then calculating the numbers.

If you are innocent I'll say again, get yourself a lawyer and answer only what he OKs.
Posted by: bobbyg
Posted on: Mar 18th, 2006 at 10:47pm
  Mark & QuoteQuote
What does that exactly mean? Administrative Inquiry, and can all the info they gather be used against you when you go to court even though they never read me my rights?