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Hot Topic (More than 10 Replies) Arreated for refusing to talk to police....... (Read 778 times)
muffin
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Arreated for refusing to talk to police.......
04/20/17 at 22:55:36
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.....what about the 5th, I thought you didn't have to talk to the police? Undecided .. and she's a lawyer. Huh
http://www.nbcphiladelphia.com/news/local/New-Jersey-Woman-Sues-Police-After-Bei...
  

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longshot
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Re: Arreated for refusing to talk to police.......
Reply #1 - 04/21/17 at 07:06:26
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You have to identify yourself. Failure to do so will land you in jail until you can be identified. At least that is the fashion in the Hoosier state. Some attorneys think they are gods. Just like self proclaimed millionaires living on a ten cent budget.  Cheesy
  

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Re: Arreated for refusing to talk to police.......
Reply #2 - 04/21/17 at 11:29:01
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muffin wrote on 04/20/17 at 22:55:36:
.....what about the 5th, I thought you didn't have to talk to the police? Undecided .. and she's a lawyer. Huh
http://www.nbcphiladelphia.com/news/local/New-Jersey-Woman-Sues-Police-After-Bei...


The fact is that the woman will not win her case.  The fact is that she is an attorney, and should know that she has to provide basic information during a traffic stop.  She should know that she was attempting to apply the rights of a suspect before she was one.  Police Officers have to ask certain questions to determine if there might also be a felony going on.  When she refused to talk, she was guilty of obstruction.  That in itself is probable cause for an arrest.  You have the right to remain silent after being arrested, but not during a traffic stop. 

This is nothing but a California Liberal attempting to practice her judicial activism in Philly during a traffic stop.  She may have been let go without charges, but she will never win an appeal.  She could even end up disbarred if she tries.
  

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Re: Arreated for refusing to talk to police.......
Reply #3 - 04/21/17 at 14:34:47
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More Cop hating crap.
  
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Re: Arreated for refusing to talk to police.......
Reply #4 - 04/22/17 at 15:16:33
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I watched the entire video and still do not know the answer to the question the officer repeatedly asked her.  However, whether or not there is a reasonable reason for the officer to have stopped her, as an Attorney she cetainaly knows what constitutes the crime of "Obstructing Governmental Administration (or Obstruction)" and she made herself a Poster Child of this illegal activities by playing her silly assed games and making a big deal out of nothing because she says she's a lawyer (and therefore entitled to do whatever she wants...wrong!)  She may find herself subject to disciplinary action before the bar, because as an attorney she is considered to be an officer of the court and by obstructing, she is violating her code of ethics ans professional conduct!  She's gonna need a good Lawyer!  Grin

(it just occurred to me; what if this were an off duty cop obstructing in the very same way?  Same sympathy for him/her to be an butt-hole and give these officers a hard time?)
  
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Re: Arreated for refusing to talk to police.......
Reply #5 - 04/22/17 at 15:21:32
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wally wrote on 04/22/17 at 15:16:33:
I watched the entire video and still do not know the answer to the question the officer repeatedly asked her.  However, whether or not there is a reasonable reason for the officer to have stopped her, as an Attorney she certainaly knows what constitutes the crime of "Obstructing Governmental Administration (or Obstruction)" and she made herself a Poster Child of this illegal activities by playing her silly assed games and making a big deal out of nothing because she says she's a lawyer (and therefore entitled to do whatever she wants...wrong!)  She may find herself subject to disciplinary action before the bar, because as an attorney she is considered to be an officer of the court and by obstructing, she is violating her code of ethics ans professional conduct!  She's gonna need a good Lawyer!  Grin

(it just occurred to me; what if this were an off duty cop obstructing in the very same way?  Same sympathy for him/her to be an butt-hole and give these officers a hard time?)


Wally?  Are you insinuating she might be a "bad" lawyer?  Grin
  

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Re: Arreated for refusing to talk to police.......
Reply #6 - 04/22/17 at 16:07:22
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This was much ado about NOTHING.  She could have avoided the whole hassle by just being cooperative.  She may have left with a speeding ticket, and she could have gone and fought that in court.

Being a jerk is on her.  I believe you must hand over your license and proof of insurance if you are stopped for any reason.  If police had to put up with this all the time, it would waste time for other things.

No one cares if you're a lawyer.  Just be polite and it goes much faster.  They had SOME reason to stop her.  Just get it over with. I doubt she wins this one.  They were polite and did nothing wrong.

Lily003   Angry
  
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Re: Arreated for refusing to talk to police.......
Reply #7 - 04/22/17 at 16:26:54
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The 5th doesn't apply unless your being forced to potentially incriminate yourself. Courts have ruled that identification cannot do that.

Super jerk... she will pay the price.
  
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Re: Arreated for refusing to talk to police.......
Reply #8 - 04/22/17 at 16:56:02
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Drogon wrote on 04/22/17 at 16:26:54:
The 5th doesn't apply unless your being forced to potentially incriminate yourself. Courts have ruled that identification cannot do that.

Super jerk... she will pay the price.

.....she was asked "do you know why your vehicle was pulled over tonight", her answer could have incriminated her.    Besides, the 5th covers more than just Miranda.
  

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Lily003
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Re: Arreated for refusing to talk to police.......
Reply #9 - 04/22/17 at 17:22:24
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muffin wrote on 04/22/17 at 16:56:02:
.....she was asked "do you know why your vehicle was pulled over tonight", her answer could have incriminated her.    Besides, the 5th covers more than just Miranda.


I get what you're saying - if she said "I was speeding," it could incriminate.  She could have said "no, officer, I don't know."  Then he would have said "you were doing 50mph in a 30mph zone."  She doesn't have to comment on that. 

I do think you have to produce your driver's license and proof of insurance, which would identify you. 

She could have been a polite human being, and being the legal expert she is, gone to court over it.  I was stopped for not having my current year plate sticker - it was true, it had not arrived yet.  So I get a ticket, and stay polite.  Went to court, showed I now had the current sticker, and ticket dismissed.  It does cost time, but better than handcuffed and taken to jail. 

Lily003   Shocked
  
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