RE: [Leica] Is this believable?

["Austin Franklin" <darkroom@ix.netcom.com>]

Hi Brian,

> > You have to break a law to be under arrest, and being
> > under arrest requires telling you why you are under arrest, as
> well as the
> > reading of your Miranda Rights...I believe.
>
> Hi Austin,
>
> The above is not correct. Technically you only need be suspected
> of a crime
> to be arrested

Yes, sorry...I knew that...I should have said "you need to be suspected of
breaking the law, with some level of evidence" or something to that
effect...

> - whether or not you've committed a crime is a matter for a
> jury to decide, not a police officer.

Understood.

> And, contrary to a great deal of
> popular opinion, there is no requirement that you be given your Miranda
> rights. The Miranda rights are required only if statements you make in
> response to law enforcement questioning are going to be used against you
> (and, even then, there are exceptions). You can be arrested without being
> Mirandized.

Of course, but nothing you say can be used against you ;-)

But, back to the original point...can the officer do anything if you simply
walk away, and there is no actual evidence of any crime etc.?

Austin

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