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Old May 21, 2013, 02:12 PM   #13
csmsss
Senior Member
 
Join Date: October 24, 2008
Location: Orange, TX
Posts: 2,986
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Not getting your point. Thats not a scary scenario. Thats happened. Its also why its standard policy in many jurisidctions to look at all parties.
It's still an imaginary scenario that does not present justification to violate an individual(s) fourth amendment protections. Neither does "standard policy" - there are all manner of PD standard policies that are very likely extra-constitutional.

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You're under the presumption that something is going on.
Who holds this presumption and what is its basis? Is a simple dispatcher's call (which can very easily be grossly wrong/mistaken) enough to strip the rights of any citizens you may encounter? I'd argue no.

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You have the right to remain silent. You don't have the right to not be questioned
Actually, I DO have the right not to be questioned without an attorney present.

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or be lawfully detained incident to an investigation.
And I would STRONGLY argue against the legality of the entry made to compel the detention as well as the legality of the detention itself. What is the probable cause here?
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