RE: [Leica] Is this believable?

["Phong" <phong@doan-ltd.com>]

Bryan,

With all due respect, this is not what I learned from TV
:-).

BTW, I have not watched TV in a long time, other than to
keep my children's company.  Just this week, I found a
use for it:  I watch the soap operas on the Spanish
language stations (Univision) with close caption on
to learn Spanish.   Las Vias del Amor,  El Amor y el Odio,
etc.   :-)

- - Phong

> -----Original Message-----
> From: owner-leica-users@mejac.palo-alto.ca.us
> [mailto:owner-leica-users@mejac.palo-alto.ca.us]On Behalf Of Bryan
> Caldwell
> Sent: Friday, December 06, 2002 3:12 PM
> To: leica-users@mejac.palo-alto.ca.us
> Subject: Re: [Leica] Is this believable?
> 
> 
> Austin,
> 
> Things you say can be used against you in many circumstances. Miranda, like
> many areas of the law, is riddled with exceptions and is currently being
> reviewed by the U.S. Supreme Court. For Miranda to come into play
> (generally) the subject must be a suspect, be detained, and the subject's
> statements must be in response to law enforcement questioning (all three of
> these conditions are subject to varying interpretations). So, for instance,
> if you are free to leave or if you are making a spontaneous statement that
> is not in response to questioning, Miranda will not constitute a bar to the
> admission of any statements made. Even if the circumstances do require
> Miranda, a statement obtained in violation of Miranda can still be admitted
> to impeach a contradictory statement made in later testimony by the
> defendant. In fact, law enforcement often intentionally ignore Miranda
> warnings on the theory that obtaining statements effectively prevents the
> defendant from testifying to anything else at trial.
> 
> In response to your question about whether you can simply walk away from a
> police officer who does not suspect you of doing anything, the answer is
> probably yes in a technically legal sense. Would I recommend doing so, no.
> Too often, encounters between citizens and the police come down to whose
> version of the encounter is believed, the officer's or the citizen's. We
> probably don't need to go very far to realize who usually prevails.
> 
> 
> Bryan
> 
> --
> To unsubscribe, see http://mejac.palo-alto.ca.us/leica-users/unsub.html
- --
To unsubscribe, see http://mejac.palo-alto.ca.us/leica-users/unsub.html