Lawyers rail against 'unlawful' jailing of public defender for shielding client

[Jaxsz]

Cops recently started taking photographs to run them through the database. You see it all the time when people flex their rights on youtube. So to "gain" access to the persons information, they take a picture and run it through the database. Pretty sure that's what he was doing in this case, but is in the wrong.

No. This guy has been arrested at least once, been to court, etc. They have his picture.

They were likely doing this to prepare for a lineup... or any number of other reasons, but since he has already been arrested etc they definitely have a mugshot and his information.

[Halicia]

I to am curious and would like more information before an reasonable judgement can be made.

wouldn't it be reasonable that if they needed his pictures they'd have ones availabile from processing and not have to 'casually' try to get him to incriminate himself without his lawyer present ?

i'm curious though, in my state we only receive public defenders if there's the possibility of jailtime, which i wouldn't expect from a petty theft misdemeanor. is this different in california ?

[WskyDK]

Guy in the back "I think I need a new lawyer. This bitch just herself arrested"

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Oh, and lolol@ "Arrest you for resisting arrest"

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Does not apply for witnesses.

Miranda applies to anyone talking to an officer with relation to a crime

[Rhaide]

Guy in the back "I think I need a new lawyer. This bitch just herself arrested"

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Oh, and lolol@ "Arrest you for resisting arrest"

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Miranda applies to anyone talking to an officer with relation to a crime

So many people think they are professional attorneys and such on this site, it's pure comedy:

The Miranda warning, also referred to as Miranda rights or Miranda rule, is a right to silence warning given by police in the United States to criminal suspects in police custody (or in a custodial interrogation) before they are interrogated to preserve the admissibility of their statements against them in criminal proceedings.

Sorry, they only apply if you're being arrested or in a custodial interrogation.

I haven't commented before this because I don't know enough about the situation to give my opinion. The video clearly didn't show everything that happened. I urge others to follow my lead here. Stop talking (like the person I'm responding to) if you have no idea what you're talking about. It only serves to muddy the issue and change the conversation.

[Fexus]

So many people think they are professional attorneys and such on this site, it's pure comedy:

The Miranda warning, also referred to as Miranda rights or Miranda rule, is a right to silence warning given by police in the United States to criminal suspects in police custody (or in a custodial interrogation) before they are interrogated to preserve the admissibility of their statements against them in criminal proceedings.

Sorry, they only apply if you're being arrested or in a custodial interrogation.

So it's illegal for someone to get in the way of another person's camera?

[WskyDK]

So many people think they are professional attorneys and such on this site, it's pure comedy:

The Miranda warning, also referred to as Miranda rights or Miranda rule, is a right to silence warning given by police in the United States to criminal suspects in police custody (or in a custodial interrogation) before they are interrogated to preserve the admissibility of their statements against them in criminal proceedings.

Sorry, they only apply if you're being arrested or in a custodial interrogation.

I haven't commented before this because I don't know enough about the situation to give my opinion. The video clearly didn't show everything that happened. I urge others to follow my lead here. Stop talking (like the person I'm responding to) if you have no idea what you're talking about. It only serves to muddy the issue and change the conversation.

It's applicable to anyone being questioned by the police, as custodial interrogation is triggered when a person isn't allowed to leave when being questioned by the cops. Being interviewed as a witness can very quickly become interviewing a suspect.
You don't have to say anything to the cops. Ever.

[Daerio]

So many people think they are professional attorneys and such on this site, it's pure comedy:

The Miranda warning, also referred to as Miranda rights or Miranda rule, is a right to silence warning given by police in the United States to criminal suspects in police custody (or in a custodial interrogation) before they are interrogated to preserve the admissibility of their statements against them in criminal proceedings.

Sorry, they only apply if you're being arrested or in a custodial interrogation.

This is all hinging on the fact that this was a voluntary encounter, and the evidence certainly suggests it wasn't. The lawyer that was arrested stated she was informing her client of his rights. (which she was) She was letting him know that he didn't have to let them take his picture, for example.

[lockedout]

"have the right to have an attorney present before and during the questioning"
Unless we arrest your lawyer and then question you.

[Orlong]

Perhaps her client shouldnt have been a scumbag criminal. Then they wouldnt have to worry about having their picture taken

[WskyDK]

"have the right to have an attorney present before and during the questioning"
Unless we arrest your lawyer and then question you.

Shit, they're already at the store. Just pick out a new one

[Fexus]

Perhaps her client shouldnt have been a scumbag criminal. Then they wouldnt have to worry about having their picture taken

I read your posts with this voice:



Then they make more sense.

[Hooked]

More defense lawyers should be thrown in prison in my opinion.

[lockedout]

Perhaps her client shouldnt have been a scumbag criminal. Then they wouldnt have to worry about having their picture taken

Hmm interesting opinion since she was acting as a criminal defense lawyer, wouldn't all her clients be scumbag criminals?

[Mormolyce]

Since when?

1966.

http://en.wikipedia.org/wiki/Miranda_v._Arizona

[Masark]

1966.

http://en.wikipedia.org/wiki/Miranda_v._Arizona

Or 1964.

http://en.wikipedia.org/wiki/Massiah_v._United_States

[Wells]

Perhaps her client shouldnt have been a scumbag criminal. T

This is funny because right now in another thread you're talking about trying to find a way to break the law without getting caught.

[Mormolyce]

Perhaps her client shouldnt have been a scumbag criminal. Then they wouldnt have to worry about having their picture taken

Alleged scumbag criminal.

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Or 1964.

http://en.wikipedia.org/wiki/Massiah_v._United_States

Yeah there's probably a long evolution of jurisprudence, I just linked the first one that came up.

Also I finally understand the phrase "Miranda rights".

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Or 1964.

http://en.wikipedia.org/wiki/Massiah_v._United_States

Yeah there's probably a long evolution of jurisprudence, I just linked the first one that came up.

Also I finally understand the phrase "Miranda rights".

[tjanson]

This is funny because right now in another thread you're talking about trying to find a way to break the law without getting caught.

10/10, and I guarantee he will not see the inherent hypocrisy. There are always extenuating circumstances when it's you who's breaking the law.

[Skalm]

Cops recently started taking photographs to run them through the database. You see it all the time when people flex their rights on youtube. So to "gain" access to the persons information, they take a picture and run it through the database. Pretty sure that's what he was doing in this case, but is in the wrong.

Isn't that illegal? Doesn't that fall under the same laws that prevent an officer from running your license plate to see if you have any warrants, then pulling you over if you did?

[Moneypack]

If the police officer's were not detaining the man, then she can't be arrested because she is standing in front of a guy telling the police officer to leave. I can tell a cop to go fuck himself, he can't arrest me for that.

If the officer's were detaining the man, he has a right to a legal council, and she shouldn't have been arrested because she is his legal council.