Faktory 47

What do you do

  • Hover

    Votes: 3 12.5%
  • Wipe and sit

    Votes: 10 41.7%
  • Birdnest

    Votes: 5 20.8%
  • eww, i'm to uppidy to use a public tiolet

    Votes: 6 25.0%

  • Total voters
    24

Miles

Ninja
Site Supporter
Kalash Klub
Jul 20, 2016
8,384
46,778
113
NW GA
Miranda rights serve as notice that ANYTHING you say can and WILL be used against you.
They way it works is that if you are arrested, you would actually have to assert your right by communicating that you are invoking your right to be silent. If the police try to get you to talk after you expressly invoke your 5th Amendment right, it's easier to exclude those statements from evidence.
Another consideration is your 6th Amendment right to counsel. If you state that you wish to have counsel present, then the police may not ask any questions until your counsel is present. If they do, your responses may not be admissible without the prosecution showing an affirmative waiver of your rights.

Big caveat - Miranda rights only apply if you are in custody (which usually means you have been arrested). If police are on the scene and investigating or interviewing you, these rights don't come into play.

Disclaimer - this is not legal advice because I am not advising anyone specifically here on what to do in the above situation. I am only explaining how the law would operate in this type of situation.
So, if you clam up during the imvestigation, does it mean you could be charged with obstruction?
 
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3x

Sasquatch
Site Supporter
Kalash Klub
Oct 14, 2019
13,970
71,126
113
The Diddle Shack
Zip code
30316
So, if you clam up during the imvestigation, does it mean you could be charged with obstruction?
No, silence can't be used to incriminate you. Threatening to charge you with obstruction of justice if you are silent could probably be a 5th Amendment violation. Lying to the police might fall under obstruction of justice, but that usually falls under false statement statutes. Obstruction of justice tends to be more along the lines of physical obstruction, like standing in the doorway to block investigators who have probable cause to enter the room.
 

cbh13

Millennial Supreme
Lifetime Supporter
Aug 26, 2016
1,545
6,522
113
Auburn
Zip code
30011
ugh well quarter round is installed so my living room and hallway are done, now i get to start on the bedrooms. . . .these house projects need to stop . . .they interfering with my gun buying :mad:
 

Tedkennedy

Omnivore
Site Supporter
Kalash Klub
May 17, 2016
2,266
13,609
113
Oklahoma
Zip code
74066
No, silence can't be used to incriminate you. Threatening to charge you with obstruction of justice if you are silent could probably be a 5th Amendment violation. Lying to the police might fall under obstruction of justice, but that usually falls under false statement statutes. Obstruction of justice tends to be more along the lines of physical obstruction, like standing in the doorway to block investigators who have probable cause to enter the room.

100% true - however - the SPD attempted to bully my wife with obstruction one day because she didn't tell them a thing. Later I spoke with the sergeant that had tried to talk to her, he started out "your wife...."

He then attempted the same shit with me, same result. Lying POS he is, and attempting to bully a woman , what a fucking hero. We had done zero wrong, knew exactly zero about the situation. Not a happy day, not a good outcome, and not something I'll ever forget, much less forgive.
 

Shemp

Boomerwaffen Fuddmander
Kalash Klub
Lifetime Supporter
Mar 24, 2015
13,835
59,922
1,000,001
Tesseract
Zip code
30152
100% true - however - the SPD attempted to bully my wife with obstruction one day because she didn't tell them a thing. Later I spoke with the sergeant that had tried to talk to her, he started out "your wife...."

He then attempted the same shit with me, same result. Lying POS he is, and attempting to bully a woman , what a fucking hero. We had done zero wrong, knew exactly zero about the situation. Not a happy day, not a good outcome, and not something I'll ever forget, much less forgive.
But...but BACK THE BLUE!! HERO!!!
 

3x

Sasquatch
Site Supporter
Kalash Klub
Oct 14, 2019
13,970
71,126
113
The Diddle Shack
Zip code
30316
100% true - however - the SPD attempted to bully my wife with obstruction one day because she didn't tell them a thing. Later I spoke with the sergeant that had tried to talk to her, he started out "your wife...."

He then attempted the same shit with me, same result. Lying POS he is, and attempting to bully a woman , what a fucking hero. We had done zero wrong, knew exactly zero about the situation. Not a happy day, not a good outcome, and not something I'll ever forget, much less forgive.
Police can and do lie to achieve results for an investigation. There are some limits as to what they can lie about, but there aren't too many hard and fast rules about it. If the lies reach the point of compulsion, a good defense attorney can say that you were coerced into a statement and it won't be admissible. The problem for you is that it does nothing for you immediately.

I would guess that this kind of thing happens and that's where we get mistrials or someone "gets off on a technicality."
 
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Knight

Yeet yite yote
Site Supporter
Kalash Klub
Oct 14, 2019
23,444
115,867
1,000,002
Rocks
Yep, and I gotta say me and my boys enjoy shooting it 25X better than the CZ52. That roller-locked pistol is a beast and not pleasant to shoot. Maybe I just need more practice with the CZ...

But the M57 is a pleasure to shoot. Just hold on.

Reminds me I need to get more mags for it...
I’ve wanted one of these for a while now. As nice as it is, my 9mm Norinco tokarev just doesn’t do it for me.
 

Jhunter

Marksman
Oct 14, 2019
1,244
6,619
113
Dallas
Zip code
30101
Pawn shop finds are coming back in style

My biggest issue with pawn shop hunting, is I don’t feel confident enough in my ability to recognize if it’s a good deal or not..

We should start a google document, with all the guys on here and put together a SET FW&OB pricing guidelines. Any buddy interested in participating in something like that? Could do different guns based on country of origin or by caliber size and throw magazine and accessories info in there as well?


Sent from my iPhone using Tapatalk
 

Tedkennedy

Omnivore
Site Supporter
Kalash Klub
May 17, 2016
2,266
13,609
113
Oklahoma
Zip code
74066
Police can and do lie to achieve results for an investigation. There are some limits as to what they can lie about, but there aren't too many hard and fast rules about it. If the lies reach the point of compulsion, a good defense attorney can say that you were coerced into a statement and it won't be admissible. The problem for you is that it does nothing for you immediately.

I would guess that this kind of thing happens and that's where we get mistrials or someone "gets off on a technicality."

Didn't matter ultimately - a few hours after our encounter, the sergeant knew he was wrong, and fucked up. He probably still doesn't realize just how bad he fucked up, but that's another story.