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#miranda rights
sontarangaming · 2 years
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Getting Arrested 101
In light of yesterdays ruling on the Miranda rights, now that the cops don't need to read you your rights, I figure it's as good a time as any to make a crash course post on what to do if you get arrested in the US. Know your rights and how to invoke them, because cops will try and trick you into reneging on them whenever they can. Here's my bible on engaging with police, and feel free to add on if you have other tips.
If you encounter police at all, especially if it's for a protest, engage as little as possible. Protests will sometimes have police liaisons; if they do, deflect the cops onto them. They have training for this. Otherwise, say nothing to them if they don't engage first.
If they engage first, do not escalate. Cops are trained to try and escalate situations. It wins them PR, and it makes it easier for them to justify violence against you and in turn, the other protestors. I don't care how punk you think it is, do not escalate.
When they engage, if you think you're being arrested, ask them in no uncertain terms and demand a clear answer. Say "am I being arrested," and if they evade, repeat it until the answer is no or yes. If it's no, walk away and don't engage further. If it's yes, then:
Shut the fuck up. Say absolutely nothing from this point forward until you reach the station. No matter what they say, no matter how serious or casual the conversation is, you say nothing. Zip. No exceptions. This is especially important to remember because they will try and humiliate you and make the arrest process as difficult as possible to try and make you crack, so do the simplest thing and say nothing.
If you are arrested, once you make it to the station, there's a simple three step process to remember. Exact wording isn't necessary, but try and be close. Remember, you don't want to be Lawyer Dogged. Once again, be as clear as you possibly can.
"Am I being detained?" If no, leave. If yes, then say:
"I invoke my right to have a lawyer present." Any time they try and push on that, you say:
"As I am detained, I invoke my right to remain silent until my lawyer is present."
You want it to be 100% undeniable, in as much of the record as possible, that you were being detained, and therefor you need a lawyer. Otherwise, the cops will retroactively decide you weren't actually held there, and therefor you had no rights to invoke, so get that shit down. And once again, aside from saying #3, shut the fuck up. Same principle applies as #4 on the first list: they will do whatever they can to get you talking, and once they do, they'll say "oh, they decided to not use the lawyer after all because they started talking without one." So do. Not. Budge.
Lastly, some general pieces of advice, both for before and during the arrest process:
If you're going to a protest, the sort of thing where arrests can be planned for, there will likely be an organizer with some experience. They may be able to give you specific advice for that protest with regards to things like ID, liaisons, or any specific protocol. Check with them as well.
If you're in a situation where arrests are likely or expected, especially with a protest, plan accordingly. Power off your phone and deactivate the fingerprint or facial recognition unlock options, or leave it at home entirely. Don't bring anything you wouldn't want to be arrested with. Think carefully about leaving your ID at home, though. John Doe-ing can cause extra trouble for the cops (good), but it's also risky, since it can make it harder for you to pay for bail and can make things harder for you down the line.
Police always lie. Let me repeat. Police. Always. Lie. Again, Police. Always. Lie. This should be your fucking mantra. They will tell you you'll get out easier if you cooperate. They will tell you any information they can find about your friends and family. They will threaten you and them. This is all hollow. Your friends have rights as well. All of this is posturing to get you to talk and incriminate you and your friends. Police always lie.
Every American should know this, but it's especially important for any activist, or advocate. Knowing your rights is the only defense you have against cops, so you need to game that system to keep them from gaming it back.
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odinsblog · 2 years
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🗣The United States Supreme Court is a corrupt, depraved, illegitimate institution.
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erelavent · 2 years
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This week in keeping up with the Supreme Court:
Cops don't legally have to read you your Miranda rights
Abortions are not protected under the constitution
People don't have to justify conceal carry to the state to be given a permit
Withholding public funds from religious institutions that openly discriminate is unconstitutional
Did I miss anything?
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sweaterkittensahoy · 1 year
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A masterclass in acting, direction, scripting, and WHY YOU DON'T FUCKING TAL TO THE POLICE.
My dad is a retired cop. He used this scene to train other cops on how to read someone their rights but also trick them into thinking they would be better off not enforcing their rights.
I had a VHS of this episode. It's what he used in his class. With my express permission, since it was my tape.
There's a lot of layers here. Ignore all of them about where I was and am in the family dynamic and expectations. Take this very well-made explanation about why you don't talk to the goddamn cops and learn from it.
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outtacontextlitwtc · 10 months
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"we're just two white guys with a podcast!"
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the-badger-mole · 2 years
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In addition, I'd add that all of people I've seen supporting the overturn of RvW are concerningly silent about expanding sex ed and access to contraception. You know...things that would mitigate many abortions in the first place? None of the people I've seen cheering on the overturn have said anything about the women and girls who may become pregnant through rape or incest. At least one woman's life has already been jeopardized because her doctors had to confirm that ending her ectopic pregnancy wouldn't get them arrested.
There are no safety nets. Healthcare in this country is a joke. The educational system is horrifically broken. Mental health is nearly impossible to access for millions who really need it. Wages have been stagnating since the Reagan years. We are at the very beginning of what is shaping up to be a major, future-shaping housing crisis. But yeah...forcing women to give birth to unwanted babies is just what this country needs to get healthy.
None of this even begins to touch on the fact that the overturn of RvW means that a lot of other SC decisions are now vulnerable. If you don't think that a woman's right to bodily autonomy and legal protections against police intrusion are linked, I've got some bad news for you about the next few years...
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sealpup9 · 2 years
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Hot take:
Our "checks and balances" system doesn't work.
Unelected government officials just took away human rights.
Remember these people were not chosen by the general public.
President and DOJ are saying they'll do what they can to ensure the rights of the american people but they can't.
People are calling the fact that government officials are protesting alongside the general public "insurrection".
Please make yourselves aware of everything that is going on:
1. Roe v. Wade was just overturned. States now have the ability to violate patient rights, bodily autonomy, and right to privacy if Abortion is illegal in that state. Many states have trigger laws for this, meaning that as soon as Roe v. Wade was overturned, Abortion was declared illegal immediately in that state.
2. Police are now shielded from being held accountable for reading people their rights upon arrest. Previously, people could sue a police officer for not reading their rights. This is bad people because uneducated people are not aware of their rights, and will be tricked into thinking they need to talk to cops. (Miranda Rights)
3. The supreme court just struck down a New York State gun control law requiring people to have a license to carry guns outside the home. People now can carry guns without permits or licenses openly.
4. One of the Supreme Court Justices has come out saying that he wants to rule on attempting to overturn contraceptives (the right to birth control), sodomy laws (the right to privacy in the home in regards to having gay sex), and the right for same-sex marriage.
Now is the time to protest. Now is the time to make yourself aware of voting deadlines. Now is the time to fight for your rights.
This is going to affect more than people who can give birth. This will affect each and every one of us. Unless you're rich and above the law (in which case, you're probably supporting these rulings, and probably wont be reading this).
Making abortion illegal doesn't stop abortion.
It just makes sure more people die doing it.
Also PSA:
READ UP ON YOUR RIGHTS. POLICE DO NOT HAVE TO TELL YOU THEM BEFORE YOUR ARREST ANYMORE!
You do not have to talk to cops. You do not have to hand over ID unless you are being investigated for a crime (so, if you're pulled over you do need to give ID. But id you're just on the street in public, you can say no and ask why they are asking for ID. And they will have to give you justification.)
((I am not a lawyer this is not legal advice. Please do your own research and learn.))
Please read into your rights.
Please vote.
Now more than anything.
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spaceyshenanigans · 2 years
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So I know everyone is rightfully focused on the injustice of the SCOTUS abortion ruling but please don’t let this be drowned out.
I know alot of people are going to be attending protests in the near future, so be very very fucking careful of any cops.
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just-an-enby-lemon · 2 years
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Now I don't know if this is obvius - it probably is - but I just realized one thing: Riddler was coerced by the cops to confess to stabbing Gordon.
See there is no other reason for him to keep the ruse: it doesn't fit his brand; it cleary didn't improve his reputation with the other rogue; it meant his stay in Arkham would be longer, with higher security and the guards would hate him more. There is genuinally no point in him not telling the truth. Yes, likely, people woudn't belive in him, but without a confession they would at least have to investigate. Besides he could as well just said it wasn't him and lied about not knowing who was, I doubt they had planted enougth evidence on the crime scene at that point. More important Gordon would care. Now Jim is a good cop and it's likely he wasn't certain about the events the lead to him get stabed but unlike Barbara his actions end were the law stops him, without any evidence on the contrary even if he found suspicious he accepted the oficial truth, but if Ed hadn't confessed? Gordon would have looked up on it.
But he didn't. Not only that he kept the ruse so well he even apologized for it in the bathroom while talking with Barbara. A thing that if he was afraid of cops, specially after a massive beating, he would do.
More important, all the times Barbara asks about her dad he turns the question to "why did you became a cop". It is the thing about Barbara he wants to know for the start because it's the key to figure out if she's safe or not. He doesn't tell the truth after the beating because she still belived the police enougth to call them, she still wanted to be the "one good cop". It's when he belives she is not under the police indoutrination and will actually listen even without proof and won't go running to the cops to talk about it that he tells her. Because while he isn't a good person and he won't admit it by the end of it he is sure Barbara is, that Barbara can change Gotham for good with just a little push and he gives the push, not only because she deserves the truth but because he knows even when she still didn't that she woudn't be the "last good cop in Gotham" like Jim was, that she would be better and greater and even a crock like Nygma needs that type of hope.
But while this is a great hopefull answer we can never forget that not only is very likely he was forced - possibly by threats that are still holded - to confess to a crime he never did AND MORE IMPORTANT we can never forget that REAL LIFE COPS DO THAT. Because cops are not our friends. So never forget your Miranda Rigths and that most countries do have similar garanties (Brazil has it that I know for sure). And the key words. "Can I leave?", "I invoke my rigth to remain silent" and "I invoke my rigth to an attorney". That is it. Stay safe folks.
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For everyone saying to calm down and that the Supreme Court's ruling doesn't affect your right to be read your Miranda warning, this is what Alito said:
Samuel Alito: "In sum, a violation of Miranda does not necessarily constitute a violation of the Constitution, and therefore such a violation does not constitute 'the deprivation of [a] right ... secured by the Constitution.
"Because a violation of Miranda is not itself a violation of the Fifth Amendment, and because we see no justification for expanding Miranda to confer a right to sue under §1983, the judgment of the Court of Appeals is reversed."
So, yes. The immediate effect just means cops can't be sued. But they are definitely saying that being read your rights is not a Constitutional right. So don't tell me cops who routinely try to talk to people without lawyers present and who have definitely pressured innocent people to confess are going to always read a person their Miranda rights. Don't tell me the Court that doesn't think Miranda violations are violations of a Constitutional right will come to the rescue when the first challenge comes about whether evidence is admissable if a person was not read their Miranda rights.
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odinsblog · 2 years
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Yeah same. In less than 6 weeks I’ve seen Roe v Wade overturned, the paper thin separation between Church & State destroyed, Miranda rights eviscerated, legal rights for people facing capital punishment destroyed, voting rights curb stomped, open carry forced down people’s throats after multiple mass shootings, and I know I’m forgetting a lot of stuff, but it feels like I’ve lived years in the past few weeks. The great American experiment feels like a fail.
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callese · 2 years
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loveofficial · 2 years
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if you get arrested for protesting please your Miranda rights!! the police don’t have to read you your Miranda rights anymore (another atrocious Supreme Court decision that was just issued), so it’s more important than ever that YOU KNOW YOUR RIGHTS!!
here is the Miranda warning text:
You have the right to remain silent. Anything you say can be used against you in court. You have the right to talk to a lawyer for advice before we ask you any questions. You have the right to have a lawyer with you during questioning. If you cannot afford a lawyer, one will be appointed for you before any questioning if you wish. If you decide to answer questions now without a lawyer present, you have the right to stop answering at any time.
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outtacontextlitwtc · 10 months
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"what do you think jeff bezos sounds like when he cums?"
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mybrainthinks · 2 years
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BTW, police ain't gonna get in trouble for neglecting to state your Miranda rights anymore either. thanks SCOTUS
Artist: Cloe Ashton, link in comments.
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bumblebeerror · 2 years
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In light of the recent US Supreme Court decision that cops no longer have to inform you of your Miranda Rights, the rights you are afforded when you are arrested:
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Here is what you do if you are taken into custody by the police.
“Am I being detained?” Or “Am I free to leave?”
If you are free to leave, you are probably (PROBABLY) only there to give a statement. That does not mean that you should talk.
Anything you say in a statement in custody can still be used in court and if you are arrested in the future for the incident, it will be used to poke holes in your story no matter how innocent you are. Even if you’re free to leave, decline giving a statement without a lawyer present to advise you.
So, if you’re not free to leave, the very next thing you say is:
“I am invoking my right to a lawyer.”
If you don’t have a private lawyer, don’t worry. You have a right to one, and they have to provide one to you. They’re called public defenders, and you don’t have to pay for them. So if you need a public defender, ask to be provided one.
Keep in mind: cops do not fucking want you to have a lawyer because the lawyer will make you shut up. So they will make you wait for the lawyer. They’ll try to misunderstand you. Be as plain and to the point as you can when asking for one, and do so until they either allow you to call one or do so themselves.
“I am invoking my right to silence.”
And then mean it. Shut the fuck up. The entire time you’re waiting for your lawyer, they’re gonna try to make small talk. They’re gonna try to wheedle any info they can out of you. Don’t fucking let them. Give them Jack fucking shit.
If you are in an interrogation room, these four sentences are the only goddamn thing you say, you hear me? Shut the fuck up. If you ask to go to the bathroom, or for a drink, or whatever the fuck? Invoke it again. Because as soon as you talk after invoking it, you’ve broken it and they can use what you say.
Innocence doesn’t make you safe. Protect yourself.
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