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Old March 19, 2009, 01:42 PM   #51
Cerick
Senior Member
 
Join Date: May 13, 2008
Location: 973, NJ
Posts: 345
It wasn't the policepersons fault that the address was wrong. Therefore I believe they had the right to be on the property and knock on the door. Even though it wasnt the right house the MP pointed a gun at the police, which can never be justified. I would think somone returning from iraq that had been in the military would have enough common sense not to point a gun at the police. I know they supposedly didnt announce themselves but at least after one saw who was at the door, they would stop resisting, and waving a gun around.

You do have a right to not talk to a police officer to an extent (miranda right) and you can also not stop for a officer under one circumstance. That being if a LEO wants to talk to you to question you about somthing for no reason and he doesn't have the right to, you can keep walking and keep your mouth shut. If you, lets say, fit the description of a robber or criminal of some type after a crime was commited and they want to talk to you, you have to stop. Really because the individual really has no way of knowing why the LEO wants to talk to you, without talking to them, your always better off stoping and asking why. If they want to ask you some questions about anything that may invlove you possibly incriminating yourself, they need to read you your miranda rights, regardless of weather or not they have arrested you. They can ask you your name and basic questions about who you are without your miranda rights being read though. I am a student pursuing a CJ degree so bear with me if not everything I say is spot on, I'm still learning.

If somone bangs on my door at 3am unannounced, I probably will have a gun nearby. If I see its the police, I damn sure wont be pointing a gun at them. Common sense.
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