your rights and tips in the USA

[pillz]

The USA has laws that prevent the police from doing anything illegal/ unfair/ and unjust. in the event that swiy gets arrested or investigated. Be prepared and know your rights. Here are a few of the rights that swim can think of off the top of his head:

1. the right to a lawyer
2. swiy has the right to not incriminate his/herself (self-incrimination)
3.police want to search swiy's home? no warrant- no come in. that simple.
4.the police and govt are watching anything that swiy buys that may be a chemical or an object commonly used in the production of a drug. for swiys own sake... if swiy is going to do something incriminating simply by buying things involved with the manufacturing and production of a drug. the police have the right to invade swiy's privacy. (phone taps, search warrants,etc)
5. if questioned by the police. do not brag to the police or say anything that may even slightly or remotely say or even react in a way that may seem to be a tell tale sign, or a "tell" (as poker players would say it) that says to them ,"ok this guy is a viable suspect".
6. always get the police badge number and be sure that the police read swiy your misanda rights. (cops wont forget, but just in case).
7. if in court, do not do something crazy or out of order that will cause what lawyers call a "mistrial". a mistrial generally ocurs when someone on the stand does something dramatic or even someone anywhere in the courtroom for that matter. after the dramatic event the lawyer will say that the jury has been affected and everything used in the trial will be thrown out.
8. if the police search swiys home without warrant or suspicion of illegal activity anything found in the home that was evidence or incriminating can be thrown out if swiys lawyer propses it. if there is no other evidence against swiy other then the evidence taken illegally by the police. then there is no trial and swiy will be released. however if swiy allows the police into swiys home, they are not allowed to search anything that is outside of sight range. anything "hidden" will remain hidden as long as there is no suspicious activity of something illegal going on. Even then... the police will have to prove in court that the suspicion was "beyond reasonable doubt".
9. if the police or a friend or an informant of the police steal something incriminating against swiy's case ( if they were hired or given intent by police to steal then the evidence stolen will be thrown out because it was evidence put into place illegally). however: even though it wouldnt uphold in court... now the police have seen this damning peice of evidence, and will be on swiys ass because now they know in their minds, the facts and the truth.
10. "double-jeopordy" : if swiy has been tried once in a court and found innocent, then swiy cannot be tried again for the same crime... that is unless new evidence was found legally that can put swiy in jail or charged with anything.
11. think swiy is safe because swiy is selling something that isnt the drug but instead a fake lookalike? (ex: selling some random white powder instead of cocaine) think again, swiy will still be charged with "intent to sell" or something to that entent plus more charges that they can place on swiy. doing this is not advised, not only because of the law but also because selling a lookalike will probably get swiys ass shot in the street. people dont like to be screwed over.
12. forensics is a bitch, they can get finger prints(obvious) but did swiy know that cocaine leaves a residue wherever it has been or even wherever as much as a small grain floating in the air has landed? it does. and so does many many other drugs.

basically the point of this is to be safe, know the laws, know swiys rights. besides is making a drug like methamphetamine really worth 10-20 years in prison?

Reputation Comments on this post:

good write up

[Police Officer]

Originally Posted by pillz

7. if in court, do not do something crazy or out of order that will cause what lawyers call a "mistrial". a mistrial generally ocurs when someone on the stand does something dramatic or even someone anywhere in the courtroom for that matter. after the dramatic event the lawyer will say that the jury has been affected and everything used in the trial will be thrown out.

I would suggest that being in contempt of court is probably alot more common. Like 999,999 to 1 more common.

After the "dramatic event" you make yourself look like a wacko that is capable of whatever, and then the trial goes on. Not to mention that its never a good idea to piss off a Judge that presiding over your trial by making a mockery of his court.

But hey, go on with your bad self and give it a shot.

[brighteyes88]

lol, this makes swim think of cheech and chong, when they go to court, and find out the judge is drinking vodka.

so, in this fictional scenario doing something crazy helped the cause...but i would like to know(and this is more to do with the topic i guess), would'nt they just have got rid of the judge and get a new one to put our loveable heroes behind bars? this has bugged me for years...

[pillz]

police officer, swim was not suggesting that someone does something dramatic intentionally in an attempt to affect a jury causing a mistrial. swim did not know those type of statistics though, swim will look into it. good point.

[mr. strawberry]

im glad i scrolled down. i was about to post something about rights. Great thread pillz! it is VERY important for people to know their rights. sometimes shutting up is the way to go. just cause you know how to talk doesnt mean you always should. Thats what your lawyer is for. maranda rights are there for a reason and its to protect the innocent (and sometimes the guilty)
i can not only spit back these rights word for word but thow what each right fully means. i even go one more step. i have a copy of the constitution and the bill of rights in my glove compartment (and one on my bookshelf) spending a little bit of time learning your rights could save you lots of time later.