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Thread: What kind of ruling is this?

  1. #1

    Default What kind of ruling is this?

    I'm hoping there is more to this than meets the eye.
    http://bostonherald.com/news_opinion...ce_can_be_used
    And from Texas no less...
    If a gun is involved, I ain't saying nothing, miranda or no miranda, until my lawyer arrives. Even if the culprit is dead in my house with his own gun still warm in his cold dead hand.
    If we are to have another contest inour national existence I predict that the dividing line will not be Mason and Dixon's, but between patriotism & intelligence on the one side, and superstition, ambition & ignorance on the other
    ~ President Ulysses S. Grant


  2. #2
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    Quote Originally Posted by LowKey View Post
    I'm hoping there is more to this than meets the eye.
    http://bostonherald.com/news_opinion...ce_can_be_used
    And from Texas no less...
    If a gun is involved, I ain't saying nothing, miranda or no miranda, until my lawyer arrives. Even if the culprit is dead in my house with his own gun still warm in his cold dead hand.
    Pre miranda silence, thats interesting. The 5th holds true even if you don't have your miranda rights read to you. The reading of ones miranda rights is simply to let you know that you have the rights, it does not trigger the right.

    Correct me if I'm wrong please, but I'm pretty sure some of those judges were suffering from heat stroke in a very hot court room that lacked AC.

    Edit: don't know that is some weird ruling there.

    "since Salinas was answering some questions therefore not invoking his right to silence and since he wasn't under arrest and wasn't compelled to speak, his silence on the incriminating question doesn't get constitutional protection."
    Yeah so apparently he wasn't being held and wasn't being interrogated just being asked questions which he answered some. Its wierd but I see the line of reasoning a little clearer.

    Moral of the story is call lawyer and keep your mouth shut.
    Last edited by Davidlastink; 06-17-2013 at 09:16 PM.

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    Administrator Rick's Avatar
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    I'm going to remain silent about silence. My silence about silence should not restrict my silent right regardless of when I'm silent. Now I'll be silent.
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  4. #4

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    Sure you will...
    If we are to have another contest inour national existence I predict that the dividing line will not be Mason and Dixon's, but between patriotism & intelligence on the one side, and superstition, ambition & ignorance on the other
    ~ President Ulysses S. Grant

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    Quality Control Director Ken's Avatar
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    Police questioning of Salinas had already gone far beyond the point where Miranda warnings should have been given.

    Lawyers advise people to NEVER answer questions for a good reason. Innocent people can incriminate themselves even with truthful answers.

    This ruling perverts the intent of the Fifth Amendment.
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    Senior Member hunter63's Avatar
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    No comment......(I didn't type that)

    Getting scary folks.....
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    Resident Wildman Wildthang's Avatar
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    I have always thought that just saying nothing to a police officer is the best thing you can tell him!

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    Quality Control Director Ken's Avatar
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    Learning is not compulsory. Neither is survival.
    W. Edwards Deming

    "Live free or die: Death is not the worst of evils."
    General John Stark

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    Wiser people then me would agree that this is kinda weird. Well just one more nail in the coffin. Kind of running out of space to put them nails.

  10. #10

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    Unfortunately, there are always more coffins.
    If we are to have another contest inour national existence I predict that the dividing line will not be Mason and Dixon's, but between patriotism & intelligence on the one side, and superstition, ambition & ignorance on the other
    ~ President Ulysses S. Grant

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