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Old 07-05-2010, 03:36 AM   #1
snotty1
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Join Date: Jan 14, 2010
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Default LE encounter- WHat are your rights?

Lets honor the 4th of July by starting a discussion about what are your rights under rule of law. People please know your rights, their boundaries and the law to some extent. It's quite handy if you do.
A recent supreme court decision on Miranda Rights:

Saying "I want a lawyer." will get that ball rolling for a lawyer.
You did not yet invoke your right to silence. yes you must say you want to remain silent for your right to be silent to go into effect. It also makes LE be silent to an extent.

You will now say " I want a lawyer AND I choose to be silent." only then is LE limited in speaking to you heres what should happen:
A. no more interviewing- no more talk- no communication either way.
B. can no longer ask you questions, make suggestions, interact about case, collect nonphysical evidence.
C. can no longer speak in front of you, to you without your lawyer next to you. recommend LE get a new person to even ask u "water?", and that should be limited too!!!

Warning if you for any reason YOU speak in LE prescense!!!!!, to them- ANYTHING YOU SAY will be scrutinized, i recomend not even farting outloud.

any one know any more about this- or have other known facts re our rights. That means facts can not be a 3rd hand story of my cousin..... , that was read on some blog , there must be a place in a book to see for myself if so asked. Lets all spend some time getting to know our rights on what was recently July 4th.
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Old 07-05-2010, 03:53 AM   #2
KlassyKelliAnn
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I found it very interesting and informative, this topic was posted some weeks ago in another forum here, just cant remember which one it was. LOL

Thanks for posting it here for SA to read! Good and critical info.


KKA
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Old 07-05-2010, 04:54 AM   #3
Guest080312-1
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Default A Good Resource

Off-topic but closely related: In the Main Discussion Forum - National, TxBrandy recently launched Issue #1 of her e-zine, "Brandy's Bedroom."

http://www.eccie.net/showthread.php?t=67817

Inside it (it's in .pdf format) is an interesting and informative article, what to do if stopped and questioned by LE. The author, who himself had a run-in with Arizona LE, admits not being a lawyer, but ran it past a few who agreed with his items of advice.

Why I mention this resource -- knowing your rights is great, but LE will resort to ploys to get you to talk anyway -- you need to be prepared for them. This article mentions some of them.
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Old 07-05-2010, 05:10 AM   #4
snotty1
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i am learning the alphabet backwards in Thai- followed by- "well officer, you never said in english!" followed by my rights being trampled.
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Old 07-05-2010, 05:59 AM   #5
Transplanted2tex
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Default

This has been posted on several boards and is extremely informative as well as entertaining. Listen to the whole thing, because it could save your ass sometime.

http://www.youtube.com/watch?v=6wXkI4t7nuc
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Old 07-05-2010, 08:34 AM   #6
inchonjoe
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Wow. Very informative video. I truly suggest EVERYONE watch it. Wow.
Thanks Transplanted2tex!
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Old 07-05-2010, 09:34 AM   #7
Alamojo
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Outstanding point to raise and video reference to share. You're right! The 4th of July is a perfect time to consider and review our constitutional rights and to celebrate the Bill of Rights.

Thank you!
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Old 07-06-2010, 10:07 PM   #8
eddiecruz
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43.02: PROSTITUTION
(a) A person commits an offense if he knowingly:
(1) offers to engage, agrees to engage, or engages in sexual conduct for a fee; or
(2) solicits another in a public place to engage with him in sexual conduct for hire.
(b) An offense is established under Subsection (a)(1) whether the actor is to receive or pay a fee. An offense is established under Subsection (a)(2) whether the actor solicits a person to hire him or offers to hire the person solicited.
(c) An offense under this section is a Class B misdemeanor, unless the actor has previously been convicted one or two times of an offense under this section, in which event it is a Class A misdemeanor. If the actor has previously been convicted three or more times of an offense under this section, the offense is a state jail felony.


This is the current statute regarding prostitution n Texas. LE has to make their case against you and the DA has to meet the requirements and has the burden of proof that you committed the act.

SO unless someone's talking then LE don't have squat!
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