RE: [Leica] Is this believable?

["bdcolen" <bdcolen@earthlink.net>]

Nope - Other than charge you with any damn thing he or she feels like
charging you with, claiming that there is reason to believe you've done
it... :-)

- -----Original Message-----
From: owner-leica-users@mejac.palo-alto.ca.us
[mailto:owner-leica-users@mejac.palo-alto.ca.us] On Behalf Of Austin
Franklin
Sent: Friday, December 06, 2002 2:15 PM
To: leica-users@mejac.palo-alto.ca.us
Subject: RE: [Leica] Is this believable?


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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