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  #1 (permalink)  
Old 06-09-2008
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Exclamation Traffic Safety

We are trained when we stop a car, there are more than one mexican, and the refuse to stop speaking spanish, if we don't understand them, we are to remove them from vehicle and detain them for our safety.

James Highful
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Old 06-09-2008
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Quote:
Originally Posted by explorer_highful View Post
We are trained when we stop a car, there are more than one mexican, and the refuse to stop speaking spanish, if we don't understand them, we are to remove them from vehicle and detain them for our safety.

James Highful
Hm, this reminds me, I am going to have to take at least one or two spanish courses before I'm done with college.

I've already taken 5 years of German, and can speak it decently well... however, I have a feeling I won't be as effective a police officer as I'd like to be without being able to at least understand spanish.

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Old 06-09-2008
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That is a weird training tool, but we have never been trained that way. As long as you are able to articulate that you were in fear for your safety then I guess it would be fine. But, that is the thing, you have to be able to articulate everything you do. Also, if you pull over a car full of "mexicans" (I think you mean Spanish speaking Americans, because not all Spanish speakers are from Mexico), and you pull them out for your safety EVERYTIME, you better be ready to field questions about racism or your actions about it in court. Also, when you detain them for your safety and they feel they are under arrest, and you start asking them questions about the crime they are commiting then you have to read them their rights.

I won't detain someone unless I feel unsafe, and even then if I feel like I will want to get a confession from this person, I won't detain them just because they will feel they are under arrest and once I question I will have to read them their rights.
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Old 06-09-2008
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Originally Posted by DoubleTap View Post
That is a weird training tool, but we have never been trained that way. As long as you are able to articulate that you were in fear for your safety then I guess it would be fine. But, that is the thing, you have to be able to articulate everything you do. Also, if you pull over a car full of "mexicans" (I think you mean Spanish speaking Americans, because not all Spanish speakers are from Mexico), and you pull them out for your safety EVERYTIME, you better be ready to field questions about racism or your actions about it in court. Also, when you detain them for your safety and they feel they are under arrest, and you start asking them questions about the crime they are commiting then you have to read them their rights.

I won't detain someone unless I feel unsafe, and even then if I feel like I will want to get a confession from this person, I won't detain them just because they will feel they are under arrest and once I question I will have to read them their rights.
Yeah I was actually reading up on the Miranda rights and I did not realize that, as a technicality, an officer does not have to read rights to a person being arrested. (Just if they plan to question them in any way)

I wonder how that is applied practically. Would an officer arrest someone and not proceed to question the suspect?

I'm guessing that 95% of the people an officer would arrest get read their rights.

What can you tell me, DT?
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Old 06-10-2008
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It is actually the other way around Timothy! 95% don't get read their rights because what I am arresting them for I will not have to question them about. I will give you a scenario later in the day (@ 7:30a.m. I will post one) that you will have to read miranda rights and one were you will not!
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Old 06-10-2008
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If I see some suspicious activity and I stop and investigate. During my investigation I feel that I am not safe for some reason or another. So, I put handcuffs on the individual and say it is for "my" safety, I also tell him that he is NOT under arrest. I then continue to question him and he admits to the crime. This would be an example of when I DON'T have to read him his rights. Because I he was not in custody.

Now, I take him back to the police department for questioning. I then take him into an interrogation room where he sits handcuffed (or not). I then enter the room and shut the door. I start asking him questions that could incriminate him, I would then have to read them their rights because 1) They FEEL like they are in custody and 2)I am questioning them about a crime. Swattie, maybe you can give some better scenarios because I really don't like trying to explain MR's!

The basic thing to remember is if THEY FEEL they are in custody and not free to leave, and you are questioning them about a crime then the MR's have to be read.But if you are just talking to them asking Name,DOB...etc, then they do not have to be read.
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Old 06-10-2008
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Quote:
Originally Posted by DoubleTap View Post
If I see some suspicious activity and I stop and investigate. During my investigation I feel that I am not safe for some reason or another. So, I put handcuffs on the individual and say it is for "my" safety, I also tell him that he is NOT under arrest. I then continue to question him and he admits to the crime. This would be an example of when I DON'T have to read him his rights. Because I he was not in custody.

Now, I take him back to the police department for questioning. I then take him into an interrogation room where he sits handcuffed (or not). I then enter the room and shut the door. I start asking him questions that could incriminate him, I would then have to read them their rights because 1) They FEEL like they are in custody and 2)I am questioning them about a crime. Swattie, maybe you can give some better scenarios because I really don't like trying to explain MR's!

The basic thing to remember is if THEY FEEL they are in custody and not free to leave, and you are questioning them about a crime then the MR's have to be read.But if you are just talking to them asking Name,DOB...etc, then they do not have to be read.
Gotcha! thank you for the helpful information

and Yeah, DoB, Name, all that stuff, doesn't need MR's.
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Old 06-10-2008
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usually when an arrest is made we don't read them there miranda warning, a deputy reads it to them before they question them, we just make the arrest and escort to County Jail... were a Tribal Police Dept.

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Old 06-11-2008
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Explorer, you do not make arrests!!!!! No EXPLORER is allowed to arrest, now please explain yourself, and how you explain why you keep saying you backup officers, and make arrests is going to determine if you stay or if you go!
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Old 06-11-2008
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Quote:
Originally Posted by DoubleTap View Post
Explorer, you do not make arrests!!!!! No EXPLORER is allowed to arrest, now please explain yourself, and how you explain why you keep saying you backup officers, and make arrests is going to determine if you stay or if you go!
I would have to agree with DT on this one and why does it say you are 14 years old on your myspace page?? Even here you say you are only 15 years old, those are some pretty big claims, I would also like an explanation.
Regards, Blackrose.

Just an after thought, how do you transport your prisoner? Do you Piggyback them to jail??
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Last edited by Blackrose : 06-11-2008 at 09:40. Reason: corrected grammer and spelling
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