when talking to the police you should.........? - Page 7
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Old 02-24-2013, 10:07 PM   #61
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Originally Posted by axxe55 View Post
there is a huge difference between casual conversation and an investigation. trust me you would know. number one, if he's investigating you for whatever reason, he had better have read you your rights. number two if he's investigating a criminal act or whatever, and he thinks you're a potential witness he will have informed you.
Miranda rights are not necessary until an arrest is made, not even during a Terry stop. True, nothing you say can be used, but what you say may lead an investigation in directions you may not want it to go. Casual conversation during an investigation is not that unusual, and is totally legal for fact finding.
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Old 02-24-2013, 10:17 PM   #62
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Originally Posted by kevinaustin View Post
Police use (legally) deception all of the time.

Go ahead and play games and hope you don't run into the wrong cop one day.

EDITED:

My point is that I am going to the extreme of safety and telling them even if they ask me what time it is. We all know that 99% of police are good, reasonable people. I don't want to run into a cop like the one in Canton (who honestly does not have the right temperament to be a LEO).

Do you have to yell across the street "hey, I have a permit and I am armed", clearly no. But if they talk to me in uniform I am going to tell them.
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Originally Posted by HOSSFLY View Post
axxe is the police ------
Go ahead & speak of things you know nothing about-
for the record i am not in LE. but have a few friends and several family members who are.

and when you are being investigated or interrogated, you will know it. irregardless they can't violate your rights and if they do even a somewhat decent attorney will have it thrown out.

a casual conversation would be discussing baseball or the weather. where does an investigation figure into that?

are there some that are bad cops and shouldn't be allowed a gun and a badge? yes there are. so how does that change anything? and what bearing does it have on anything about whether a person should inform them they are carrying? smart thing to do is to have an attorney that can handle your business and maybe keep one on retainer if you are going to carry.

as much as i support and respect LEO's, they still will respect and honor my rights. which means, anyone that thinks they will or can violate my rights as a citizen, will deal with my attorney.
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Old 02-24-2013, 10:20 PM   #63
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Originally Posted by Doc3402 View Post
Miranda rights are not necessary until an arrest is made, not even during a Terry stop. True, nothing you say can be used, but what you say may lead an investigation in directions you may not want it to go. Casual conversation during an investigation is not that unusual, and is totally legal for fact finding.
DOC, i agree, but a reasonable person with some common sense will be able to determine between casual conversation or that which is directed towards you during an investigation.

my idea of casual conversation would be discussing the weather or baseball or the local high school football game.
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Old 02-24-2013, 10:25 PM   #64
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I used to tell cops I'm carrying. Until one dropped my gun, chipping the grips, and then pointed it at my face when he handed it back to me.

This was after I convinced him that simply leaving the safety on was safer than letting the hammer down on the loaded chamber.

Oh, somewhere in the midst of his buffoonery the safety was disengaged. It was not reengaged before being pointed at my face.

In Louisiana, you don't have to notify unless asked, AFAIK. State law has become my policy. I'll need to double check on that though.

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Old 02-26-2013, 04:11 PM   #65
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Originally Posted by Doc3402 View Post
Miranda rights are not necessary until an arrest is made, not even during a Terry stop. True, nothing you say can be used, but what you say may lead an investigation in directions you may not want it to go. Casual conversation during an investigation is not that unusual, and is totally legal for fact finding.
Doc is correct. Miranda only applies when two elements are present:
1. Custody, which means you are not free to leave.
2. Interrogation, which is self explanatory.
And he is correct about the conversation. You can't even begin an investigation until you get basic info.
If I arrive on the scene and ask "what happened here" I am not violating anyone's 'rights' just trying to see if I can get a handle of what happened and how I need to proceed.
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Old 02-26-2013, 04:28 PM   #66
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On the Miranda issue, a lot of people think if you are just arrested you must be "read you rights". It only applies if the officer is asking about a crime you are suspect in. If the officer doesn't want to ask about your involvement in a crime no Miranda is needed.

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