You have the right to remain silent...
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05-05-2016, 07:24 PM
You have the right to remain silent...
... Well, sort of

My favorite part of this story is how they arrest her for exercising her right to remain silent and then tell her she has the right to remain silent.

For those of you who are fans of irony, that's some serious hardcore fucking irony right there.

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05-05-2016, 11:47 PM
RE: You have the right to remain silent...
Further irony.
The officers arrested her and got pissy when she didn't answer their question (even though she doesn't have too) yet they wouldn't answer hers when she was being arrested.
Lolwut? Hypocritical much.

Oh America, why do you have some such retarded cops? Clearly these guys are fucking hyped up on power and got pissy because someone was refusing to give in to their bullying.
I hope they lose their jobs I really do. Fuck them.

edit: LOL oh fuck, I knew the "you have the right to remain silent.." was coming but it was still fucking hilarious.
edit2: OMG she's suing them, this is fantastic.

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06-05-2016, 01:44 AM
RE: You have the right to remain silent...
As the two troopers cuffed her and walked her toward a troop car, Musarra asked them, "Are you detaining me because I refused to speak?"

"Yeah," Stazzone replied, according to the video. "Yeah, obstruction," Gosa added.

The troopers placed her in the back of the car and Stazzone read Musarra her Miranda rights —€” including "you have a right to remain silent" — before taking her to the nearby State Police barracks in Washington.



When even a protected right is viewed as 'obstruction', and when such 'obstruction' is in and of itself grounds for near carte blanche action, shit is seriously fucked. How in the fuck do you get out of the police academy without knowing and understanding Miranda rights? Not just one trooper, but all of them involved in this incident? That's indicative of either a near criminal lack of training, or a sign of just how much contempt they have for the rights of those they're sworn to protect and serve.

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06-05-2016, 03:40 AM
RE: You have the right to remain silent...
It's inexplicable. And, it takes a lot of education to be a state trooper in NJ. It's very competitive. The minimum requirement is a bachelor's degree but the majority of them have masters degrees and a good number have law degrees. Education doesn't automatically equate to intelligence but it does mean these guys should know better.

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06-05-2016, 06:26 AM
RE: You have the right to remain silent...
Technically her right to remain silent was her Fifth Amendment Right. Miranda Rights do not activate until the person is under arrest and is about to be interrogated. Not debating the outcome, just making that distinction.

https://www.ncjrs.gov/App/publications/a...x?ID=90282

http://criminal.findlaw.com/criminal-rig...oning.html

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06-05-2016, 06:42 AM
RE: You have the right to remain silent...
BlackEagle can probably give us the lowdown on this one......

My guess -- is that you are by law required to give your name -- and I believe you have to acknowledge why they pulled you over ---- after that you have the right to clam up.......


...

I'll defer to the expert for the right answer....

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06-05-2016, 06:44 AM
RE: You have the right to remain silent...
(06-05-2016 06:42 AM)onlinebiker Wrote:  BlackEagle can probably give us the lowdown on this one......

My guess -- is that you are by law required to give your name -- and I believe you have to acknowledge why they pulled you over ---- after that you have the right to clam up.......


...

I'll defer to the expert for the right answer....

She gave them her license so maybe acknowledging why she was pulled over but that's about it.

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06-05-2016, 06:51 AM
RE: You have the right to remain silent...
(06-05-2016 03:40 AM)BnW Wrote:  It's inexplicable. And, it takes a lot of education to be a state trooper in NJ. It's very competitive. The minimum requirement is a bachelor's degree but the majority of them have masters degrees and a good number have law degrees. Education doesn't automatically equate to intelligence but it does mean these guys should know better.

If it's not a matter of intelligence or training, then it's callousness. The idea that any perceived sign of immediate noncompliance is the worst thing you can do, and warrants the police to violate your rights.

That's far more terrifying than plain old ignorance, as it belies an active callousness to those they're (in theory) sworn to serve and protect. The police are public servants. When one of them forgets that, it can lead to disastrous consequences. This time wasn't bad, but still should have never happened. The monumental lack of awareness on reading off the Miranda rights while simultaneously violating them? That would be funny, if the guy didn't have a gun and the authority to use it.

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06-05-2016, 07:20 AM
RE: You have the right to remain silent...
(06-05-2016 06:42 AM)onlinebiker Wrote:  BlackEagle can probably give us the lowdown on this one......

My guess -- is that you are by law required to give your name -- and I believe you have to acknowledge why they pulled you over ---- after that you have the right to clam up.......


...

I'll defer to the expert for the right answer....

You don't have to say anything. The cop knows why he pulled you over. Asking you if you know why he pulled you over is asking you to incriminate yourself. I know it's a summary offense but you still don't have to respond.

As for giving your name, she provided a driver's license that has her name. She did everything she was legally required to do. You have no requirement to new be polite or even respond. And, the officer in charge agreed because he looked at dashcam footage and sent her right home.

This was an illegal arrest, period.

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06-05-2016, 07:22 AM
RE: You have the right to remain silent...
(06-05-2016 06:26 AM)JDog554 Wrote:  Technically her right to remain silent was her Fifth Amendment Right. Miranda Rights do not activate until the person is under arrest and is about to be interrogated. Not debating the outcome, just making that distinction.

https://www.ncjrs.gov/App/publications/a...x?ID=90282

http://criminal.findlaw.com/criminal-rig...oning.html

Yes, I get that but the irony is still incredible.

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