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Miranda Rights are Gone!!!
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by James Vicini Sunday July 19, 2009
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U.S. Supreme Court ruled that police, under certain circumstances, can initiate an interrogation of a suspect without the defendant's lawyer being present. |
WASHINGTON (Reuters) - The U.S. Supreme Court ruled on Tuesday that police, under certain circumstances, can initiate an interrogation of a suspect without the defendant's lawyer being present.
By a 5-4 vote, the conservative majority overruled a 23-year-old Supreme Court decision that barred the police from initiating questioning after a defendant asserted the right to an attorney at an arraignment or similar proceeding.
The 1986 decision held that once a defendant invoked the right to counsel, only the suspect, and not the police, can initiate the contact.
The ruling was the latest in a recent string by conservative justices expanding the power of police to question suspects, but it does not change the landmark 1966 ruling barring the police from questioning a suspect who invoked the right to remain silent or have a lawyer present.
The decision was a defeat for Jesse Jay Montejo, a Louisiana death row inmate. He was convicted and sentenced to death for the murder of a dry-cleaning operator during a robbery in 2002.
He initially waived his right to a lawyer and was questioned by the police. He told several conflicting stories. Several days later, he appeared in court for a preliminary hearing and a local judge appointed a lawyer to represent Montejo, who could not afford an attorney.
Later that day, police investigators approached Montejo in prison and he again waived his right to a lawyer.
But Montejo later claimed the police had violated his constitutional right to counsel by interrogating him without his lawyer being present and pressuring him to write a letter confessing and apologizing to the victim's wife. That letter was later introduced as evidence against him at his trial.
The Louisiana Supreme Court and then the U.S. Supreme Court rejected Montejo's appeal.
Writing for the court majority, Justice Antonin Scalia said there was little if any chance a defendant will be badgered into waiving the right to have counsel present during police-initiated questioning.
In overruling the 1986 decision, Scalia said, "The considerable adverse effect of this rule upon society's ability to solve crimes and bring criminals to justice far outweighs its capacity to prevent a genuinely coerced agreement to speak without counsel present."
Liberal Justice John Paul Stevens, the author of the 1986 decision, disagreed.
In dissent, Stevens said the dubious benefits of overruling the decision are far outweighed by damage to the rule of law and the integrity of the constitutional right to an attorney.
(Editing by Vicki Allen)
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| posted by: | Thugs R Us| message: | The Constitution of the United States said all men are created equal. That said...
I feel sick to my stomach that inbreds like LAPO are still unaware of this fact, and still treat others like absolute shit by using the word "nigger". If I ever found you LAPO I would taser your ass until you wake up & be civilized like a real man is.
I want you to know, I sincerely respect each and every one of you who stands up to the neocon nazi thugs. This is the country for Americans, not black, white or hispanic. Period.
I am White but I don't flaunt it, these so called "race wars" are all more bullshit made up by the Military Industrial Complex. Freedom and Justice for all, learn the Informed Jury act and put these thugs in prison where they belong.
http://www.fija.org
We need less assholes like LAPO everywhere. Stand in solidarity. Justice for Palestine, Justice for America, NO MORE PATRIOT ACT!!!!!!
http://ronpaul.com
posted Sunday July 11, 2010 | |
| posted by: | Walt-235| message: | Seems Sperman Austin is making threats in my name! Maybe the FBI should see where the threats came from and put Spermy back in the joint. After all, he threatened people, hacked and defaced websites and put explosives on the internet. Are you back at it again, Spermy?!? Walt235.........Walt 235
message: Killing spree will start! BEWARE! I have an automatic AK-47 , an automatic UZI, and a modified automatic AR-15! All which are illegal and ready to use on you if you decide to show up at my doorstep! Stop tracing my IP address! I'll send you as many death threats as I want! HAHA. What are you going to do?! Our Nationalist Front movement has all the guns and funds we need to eliminate you all one by one. Holding up Brinks trucks is instant cash, better than foodstamps. Take my word for it! Next on the list are some banks. 406 N Euclid St! Beware assholes my threats always follow through and soon you're NEXT! We have many people in the police department in our front ready to kill you off! Watch your back assholes! Walt235@hotmail.com
Nationalist Front for Life!
posted Friday September 11, 2009 | |
| posted by: | freedom fighter| message: | wow.
well, im white. just found this page, and think its amazing. i am proud to have all u guys that put this shit together wavin the same flag as me. seriously. there is so much happening today that alot of people dont see happening like the patiot act and a few others so they dont do a fucking thing when our rights as US citizens are taken away. DUMB RACIST MORONS LIKE LAPO ARE EMBASSING!!! SERIOUSLY, HOW CAN YOU CALL YOURSELF THE SAME RACE AS PEOPLE LIKE ME??? please excuse his dumbass. he's probably some inbred sister-fucker that has had his head beat in a few times to many for fuckin his neighbors cow. anyways, keep up the good work copwatchla.org I dont even fuckin live in the la area and im sayin this. jus next time ur watchin ur hood at night and u see some little teenager who clearly isnt gang affiliated, dont kill him. please? i dont mean it with disrespect. i understand the need for gangs but i can only support them for one reason. if a some pig is breakin the law and makin our lives harder, just to fuck with us, i'll be right there next to u. all this miranda rights shit is illegal. so dont let em. YOUR AT WAR!!!! THE POLICE IS BREAKING THE LAW!!!! this country was based on the constitution. not whatever makes life easier for those lazy assholes that cant get ur ass legally.
so fuckin fight back!!!
posted Tuesday September 8, 2009 | |
| posted by: | yeop| message: | youre not a cop and if you are we know your adress anyway to find you
posted Tuesday August 25, 2009 | |
| posted by: | LAPO| message: | YES ABOLISH the Police then lets have open season on AFRICANS no more whining fucking ANIMAL NIGGERS.You know what they say about good niggers? They are 6 feet under!!!!!! SOOOOO TRUE!!!!!!!!!
posted Tuesday August 25, 2009 | |
| posted by: | LAPO| message: | Without police the white people of the UNITED STATES would exterminate you whining FUCKING NIGGERS. You only make up 13 percent of the population do you undrstand that it mean that for every 1 nigger there are around 6 white people so you fucking niggers better hope this country ALWAYS has cops because without cops the white race would wipe you niggers out. And guess what I would be loading my AK47 right now and go do me some AFRICAN target practice.
posted Tuesday August 25, 2009 | |
| posted by: | trees?| message: | americas trees,the towers,got lynched because of tyhe inability of america to love
posted Saturday August 22, 2009 | |
| posted by: | walt235| message: | The only rights niggers have is to decide what tree they should be lynched from!
posted Friday August 21, 2009 | |
| posted by: | cw| message: | If you know your basic rights, speak them loud and clear next time they attempt to search you or stop you without probable cause. When the police man see's that you know your shit they tend to think twice about doing you dirty. I've seen people get searched on the streets by police for no reason simply because the cops approach them saying "sir, can you please turn around, mind if we search you" already knowing the person is going to say , "oh uh yeah, sure, okay". Your response to that should instead be, "Excuse me! No you may not search me. What? am I being detained officer? .. No? Okay then, good-bye" and walk away. Smart cops will usually try to stall around the question of you being detained because without a legal detention there are no grounds for probable cause and without probable cause there are no grounds for any investigation.. And if police DO happen to search you without probable cause it means it was an illegal search, an illegal detention, and if you happen to be arrested because of it, then it's supposed to be thrown out in court no later than a PRE-TRIAL because any "evidence" obtained on an illegal search cannot be used as "evidence" because it was obtained illegally... If the cops do say you are being detained, you can still ask them under what probable cause. If they refuse to tell you then you can argue this "probable cause" in court, which has been done before to expose racial profiling tactics. I'm not saying knowing your rights is going to protect you 100% because it wont, it takes more than just knowing your rights. But knowing this information is a step in the right direction towards challenging police authority
posted Monday August 17, 2009 | |
| posted by: | Zero Lord| message: | give it more time and the constituion and bill of rights will be terminated. the more citizens don't use their rights, they will be striped from up. can you say POLICE FASCISM? this is terrible. i know many of use are afraid or intiminated by the police. but it should be to the point where everything will be taken from up. these are no longer rights. they will soon become privileges. STAND UP, STAN PROUD!!! FIGHT BACK!!!
posted Sunday August 9, 2009 | |
| posted by: | re: cop| message: | haha , what are you talking about? Do you even understand the meaning of fascism? How about some examples? Nazi Germany, Benito Mussolini, etc. Both of them would have no problem agreeing with the posts you make here, in fact they'd be extra proud knowing you were in law enforcement on top of it. Let me break it down to you, "U.S. Supreme Court ruled that police, under certain circumstances, can initiate an interrogation of a suspect without the defendant's lawyer being present." .. Kangaroo Courts, Police States, and the stripping away of rights such as the right to due process, are all steps of fascism. If that still sounds confusing then you should research history just a little bit more.
posted Tuesday August 4, 2009 | |
| posted by: | cop| message: | do you actually look up words before you use them? moron. go back to high school.
posted Sunday August 2, 2009 | |
| posted by: | re: cop| message: | that sounds like fascism.
posted Monday July 27, 2009 | |
| posted by: | cop| message: | if you are too stupid to NOT know what your Miranda Rights by now, you will never know.
posted Saturday July 25, 2009 | |
| posted by: | no excuses| message: | ''difficult and dangerous'' ,is no excuse for racial profiling.no matter how ''difficult and dangerous'' your job is ,if you falsely arrest someone,you are fired! you are paid tax money taken from disabled peole,so no excuses for racist police,ever never ever.no collayeral damage excuses for police.time to eliminate the idea of police from this world.
posted Saturday July 25, 2009 | |
| posted by: | cc| message: | people have same attitude about gates arrest.comments aboiut the ''race card'' .so you can never say someone is racist ,if you do youll be accused of race cartd even if its a violent racial slurring cop who is protecting paranoid agressive whites because of 911 incidents.look who's playing ''race card'' as if race can be explained as simply as a simple ''card''. abolish the police yeasterday and forever no apologies no excuses no more police.
posted Friday July 24, 2009 | |
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"The Front Lines" Aug 25, 2010
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