[103318] in Cypherpunks
Re: This is a listed crime?
daemon@ATHENA.MIT.EDU (Bill Stewart)
Wed Sep 23 02:39:47 1998
Date: Tue, 22 Sep 1998 23:17:17 -0700
To: Duncan Frissell <frissell@panix.com>, attila <attila@hun.org>,
Information Security <guy@panix.com>
From: Bill Stewart <bill.stewart@pobox.com>
Cc: cypherpunks@cyberpass.net
In-Reply-To: <199809211834.OAA20729@mail1.panix.com>
Reply-To: Bill Stewart <bill.stewart@pobox.com>
At 02:39 PM 9/21/98 -0400, Duncan Frissell wrote:
>False. You are never required to talk to a peace officer, Fed, or
>investigator unless you want to. They can arrest you of course (with
>probable cause ha ha). Even then, you still don't have to talk to them.
>In criminal cases you *never* have to talk to anyone.
The Supremes have, unfortunately, decided that police can hold you
for up to 48 hours without getting around to charging you,
and if there's a weekend around they can often stretch that.
Some cops find that an interesting answer to the question
"You've read me my Miranda rights and now you're insisting
that I tell you what you want before I can speak to my lawyer who's
in the next room?" "Yup, you can be as silent as you want in the
county jail, and [since we're charging you with a bogus municipal charge anyway],
we can charge you with a [bogus] misdemeanor instead.",
which had a certain craftiness I hadn't really expected out of them :-)
Thanks!
Bill
Bill Stewart, bill.stewart@pobox.com
PGP Fingerprint D454 E202 CBC8 40BF 3C85 B884 0ABE 4639
