I work at a tobacco shop. And after they said I blown through a stop sign. When asked when drinking I said no. Then he said I smelled, and I quote, “of something suspicious”. I get cops get their paycheck for tickets and such but seriously has it really gotten this bad that for a ticket they try to make it something bigger? and ignoring my rights?
lmao first time meeting a cop?
sorry that happened to you and good luck. hire a lawyer and do not talk to the police. not one word, unless your lawyer tells you to say it.
I got arrested once before with a bunch of other people cause I went to my first protest. We were just protesting more fair wages and that the state become a union/ a non right to work state. I got they didn’t read the miranda then because there was a shitload of us. But how come it is not illegal for them not to read it?
They only have to read it if they’re going to question you as part of an investigation, and then only if they consider you a suspect or person of interest.
They don’t have to read Miranda to witnesses, and any “spontaneous utterances” you make are evidence.
It’s shut the fuck up Friday. There are five things you should ever say to police:
Is that a request or an order? I don’t answer questions. I don’t consent to any search. Am I free to go? I am exercising my right to remain silent.
If the officer gives you an order to do something, do it. Even if you don’t feel it’s a lawful order. The time for you to fight back is in court, not by yourself against someone with authority, a fragile ego, and a gun.
Edit: The last one, you must state that you are exercising your right to remain silent. Failing to do that and just saying nothing can and will be considered “confrontational,” and you will be handled as such.
This guy shuts the fuck up
This is the advice that’s consistent with what I’ve heard from several different lawyers.
There are lawyers who specialize in cases like this (search DUI lawyers and civil rights lawyers). I’d call one. You don’t want to be stuck with a spurious DWI on your record.
There are five things you should ever say to police:
Is that a request or an order?
I don’t answer questions.
I don’t consent to any search.
Am I free to go?
I am exercising my right to remain silent.
Note that, outside America, the rules will be different. Even in Canada, rights are very different. Less beatings and shootings, but our Article 5 is nowhere near as powerful as the 5th amendment.
Absolutely. Your local laws and conditions may vary. I left US as the assumed context since I was also talking about Miranda, which is a US thing. (Other countries may have a similar process, but Miranda is specific to the US.)
Just got arrested for a supposed DWI even though I blew a 0.0000000. Don’t cops need to read your Miranda rights to you?
Not necessarily, no. Miranda is required for:
- Custodial
+
- Interviews
If it’s one or neither, a Miranda warning is not required, despite what you see on TV.
I asked for a blood or hair follicle test and I was denied. WTH is happening?
Your state’s laws are gathering dust and your local politicians don’t care because they know voters don’t know or care. They’re busy litigating issues their voters care much more about, e.g. who should be allowed to play sports and go into bathrooms.
- Ex-cop
You’re a doctor AND work at a tobacco shop? That’s pretty cool!
Yeah, especially in small towns. Just plead not guilty and get a public defender if you can (or hire a lawyer if you have the money). They’ll probably drag it out for a while until the court eventually dismisses it. I’ve been pulled over, searched, and arrested for made-up shit multiple times.
They wrote the one armed lady a ticket for holding a phone in the hand that doesn’t exist while driving. So yeah. It’s gotten that bad.
thats with a AI flock camera, she has grounds to sue, but unfortunately it just comes out of taxpayers pocket.
I didn’t think flock was involved in that. The point though was the officer just plain lied, and when faced with evidence, he doubled down.
And yes. Officer need to have individual malpractice insurance in my opinion.Not necessarily a lie, but (allegedly) mistaken would produce the same result.
Not everyone who is wrong is lying.
Nah. Cops writing tickets don’t that leeway. If they aren’t 100% certain of an infraction like this, they shouldn’t be stopping the driver. His doubling down after being shown proof establishes that he is willing to lie.
People can be “100% certain” of things that never happened; it happens all the time.
Yes, but in court, cops are given the assumption of higher accuracy. So they logically should be held to a higher standard.
No matter how much we expect/hope/demand cops to be superhuman, they will never be.
Assuming a prosecutor takes this to court, they will have to provide evidence during the probable cause hearing. If it goes that far, it will get dismissed if there is no evidence. It’s more likely that the prosecutor does nothing unless there is something they have unknown to you or you are not telling us something.
they are filling a qouta, they dont care if is legit or not, just that have it on file.
Quotas are illegal in the US. KPIs are not.
The difference is one is a concrete line in the sand that you’re required to cross Or Else and the other is just “more is better.”
A cop who made 5 arrests is considered a lower performer than a cop who made 10.
- Ex-cop
They also don’t care if you contest it and get it dropped.
Some cops have given hundreds of citations, the courts drop them all, and they STILL have a job.
Because the public doesn’t know or care how cops’ performance is judged.
They’re all “ACAB” or “Back the Blue” with zero nuance, so why would law enforcement brass bother changing how they do things?
There was a SCROTUS ruling under Dump that ruled they don’t have to read you your Miranda rights.
“Shut the f- up” and always request a lawyer now, is the correct strategy, which seems a gift to bar associations.
Shit I didn’t ever hear about this.
The Miranda warning isn’t required every time a police officer initiates an interaction with you.
For the Miranda rule to apply, a person must be in custody, meaning that they are “deprived of freedom of action in any significant way.” Routine traffic stops are usually not considered custodial.
For the Miranda warning to apply, a person must meet two conditions: 1) being in custody and 2) under interrogation. For example, if you are “un-Mirandized” and cuffed at the police station, blurting out a confession while you aren’t being questioned is admissible evidence in court because while you were in custody, you were not being actively interrogated.
Police are not required to read your Miranda rights before or during arrest. While some officers may choose to do so, they are only legally obligated to “Mirandize” suspects who are being questioned in custody.
“I am not discussing what I have or haven’t been eating or drinking. Am I being detained or am I free to go?” Field sobriety tests are always voluntary, but you might have to go to the station for a blood test.
If they continue to ask questions, “I am invoking my constitutional right to not answer questions. I won’t be making any other statements without a lawyer present.”
If they ask you to step out of your vehicle, you do have to comply. “I am complying and stepping out of my vehicle. I do not consent to a search of my person or property. Am I free to go or am I being detained?”
Never talk to the cops brought to you by Shut the Fuck Up Friday.
Depending on your habits, it might behoove you to opt for the station breath test. They can look at more than just alcohol in blood and pop you for weed or even legally prescribed adderall.
In most states you’re allowed to not take the roadside breath test, despite cops lying like motherfuckers about it. It’s the one at the station after you’ve been arrested that you have to take if you don’t want to automatically get your license taken for like a year, and they always do at least two different samples between that breath test, urine, and blood. Don’t do those and you’re pretty much guaranteed you lose your license and get the DUI charge as well.
That is the opposite of another comment here. I guess I’ll beleive neither and refuse both tests to play it safe
Different states have different laws. I’m in Louisiana and refusing a breath test automatically triggers a license suspension
And you’ve been lied to and you’re wrong. I just read your Louisiana revised statute 32.666 and you don’t have to take a preliminary breath test (the little one the cops use on the side of the road).
Again, though. Not a lawyer. Speak to your lawyer in Louisiana and ask them. Other jurisdictions may have different laws.
Like I said, your license can be suspended. That means you can still refuse it.
But most importantly, read 32:661 if you want to be insufferable about it. We have an implied consent law.
And that implied consent law is for a breathalyzer test. Not the one they do on the side of the road. You don’t lose your license to refuse a pbt.
Edit: Also fyi. Read 32.661 with a bit higher of a reading comp level. The chem test you can’t refuse is AFTER YOUR ARREST.
