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If you are detained by the police, should you have the right to know why?

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Feanorcurufinwe Donating Member (1000+ posts) Send PM | Profile | Ignore Sun Apr-18-04 02:43 PM
Original message
Poll question: If you are detained by the police, should you have the right to know why?
Let's say the police come up behind you, and handcuff you. You ask why, and they tell you to 'shut up', take you into a police car and drive you away.

Did they abuse their authority? Should American citizens have the right to know why they are being taken into custody by the police?

Sorry, polls are turned off at Level 3.

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flaminlib Donating Member (243 posts) Send PM | Profile | Ignore Sun Apr-18-04 02:50 PM
Response to Original message
1. Dont we already have that right?
I havent been detained but I thought we already had that right.
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Feanorcurufinwe Donating Member (1000+ posts) Send PM | Profile | Ignore Sun Apr-18-04 02:53 PM
Response to Reply #1
2. You can be detained without being charged at the discretion of the police.
Edited on Sun Apr-18-04 02:54 PM by Feanorcurufinwe
They don't have to charge you, or tell you why. At least in California, where it happened to me, if they release you within 3 hours of taking you into custody, you have no legal standing to sue for misconduct.

I think it is wrong, but that is the law, at least in California.



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flaminlib Donating Member (243 posts) Send PM | Profile | Ignore Sun Apr-18-04 02:56 PM
Response to Reply #2
3. So they can hold up for a maximum of 3 hours?
Is that correct? I wonder if its just in CA or nationwide.
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Feanorcurufinwe Donating Member (1000+ posts) Send PM | Profile | Ignore Sun Apr-18-04 03:00 PM
Response to Reply #3
7. Yes
believe me it was an eye-opening experience. I consulted with a lawyer afterwards because I wanted to sue but I was told I had no case because I was released within 3 hours.

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Media_Lies_Daily Donating Member (1000+ posts) Send PM | Profile | Ignore Sun Apr-18-04 03:01 PM
Response to Reply #3
8. If it's the FBI or the law enforcement arm of any other Federal agency...
...they can hold you for as long as they want without charging you with anything at all. You will effectively "disappear" for as long as they want you to be gone.

Thank the Patriot Act.
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Abe Linkman Donating Member (1000+ posts) Send PM | Profile | Ignore Sun Apr-18-04 02:58 PM
Response to Reply #2
5. You THINK it is wrong? THINK it's wrong? Police state tactics.
The mere fact you felt moved to take a poll shows how far we slipped.
Apparently, you are one of the many, many people who seem to be accepting of the gradual but steady march towards a full blown police state.
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Feanorcurufinwe Donating Member (1000+ posts) Send PM | Profile | Ignore Sun Apr-18-04 03:13 PM
Response to Reply #5
14. So because I am publicizing this issue
I am "one of the many, many people who seem to be accepting of the gradual but steady march towards a full blown police state." ??

:wtf:


I suppose if I were silent on the topic I'd be fighting the march towards a police state. :eyes:

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stellanoir Donating Member (1000+ posts) Send PM | Profile | Ignore Sun Apr-18-04 02:57 PM
Response to Original message
4. in the old days. . .
if you were not read your Mirana rites, the charges would be thrown out of court. Given Ashcroft, Gitmo, etc., nowadays who knows. . .?
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Abe Linkman Donating Member (1000+ posts) Send PM | Profile | Ignore Sun Apr-18-04 02:59 PM
Response to Reply #4
6. How do you prove a negative?
I'ts Miranda, btw.
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rock Donating Member (1000+ posts) Send PM | Profile | Ignore Sun Apr-18-04 03:05 PM
Response to Reply #6
11. Well, of course, you start by getting the correct answer
to the question "Do you understand these rights?" and that answer is "of course not, I'm not a lawyer!"
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stellanoir Donating Member (1000+ posts) Send PM | Profile | Ignore Sun Apr-18-04 03:06 PM
Response to Reply #6
12. sorry. . .
dumb typo. . .I was cooking when I wrote that and slightly distracted.
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Feanorcurufinwe Donating Member (1000+ posts) Send PM | Profile | Ignore Sun Apr-18-04 03:02 PM
Response to Reply #4
9. There were no charges, so there are no charges to be thrown
out of court.

Paradoxically, if they had arrested me, instead of 'detaining' me, I would have had more rights.

They do this to protesters all the time, take them into custody to break up the protest, and then release them later without charging them -- because no crime was committed.



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smirkymonkey Donating Member (1000+ posts) Send PM | Profile | Ignore Sun Apr-18-04 03:02 PM
Response to Original message
10. Does this have anything to do with the "Karma" question?
Tell me they didn't pick you up because you said that Idiot Boy's Karma was going to get him. That's not true, is it?

Still, it's pretty f-ed up all around. Deutscheland, Deutscheland...
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Feanorcurufinwe Donating Member (1000+ posts) Send PM | Profile | Ignore Sun Apr-18-04 03:06 PM
Response to Reply #10
13. Nope, totally unrelated.
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freetobegay Donating Member (1000+ posts) Send PM | Profile | Ignore Sun Apr-18-04 03:18 PM
Response to Original message
15. In the State of Florida they can detain you for up to 72 hours
without charge. It's been like that ever since I can remember.
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soup Donating Member (1000+ posts) Send PM | Profile | Ignore Sun Apr-18-04 03:40 PM
Response to Original message
16. Did they eventually tell you why
you were being held?

Or just open the door and say 'You're free to go.' with no explanation?

And, yes, I think you should have the right to know why you are being detained.

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Feanorcurufinwe Donating Member (1000+ posts) Send PM | Profile | Ignore Sun Apr-18-04 03:50 PM
Response to Reply #16
17. Yes, after we got to the police station
Edited on Sun Apr-18-04 04:16 PM by Feanorcurufinwe
they 'interrogated' me, in the course of which I learned that they thought the quartz crystals I were giving away were some kind of drug. I even saw one of them putting the stones through some kind of chemical tests. I was too angry to laugh at their stupidity, unfortunately.

I don't blame them for making a stupid mistake, anyone can do that. I blame them for telling me to shut up instead of telling me why they were taking me away. At least I wasn't beaten. (At least, not that day.)




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