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eiremike

Nicole Crossman, a fellow miner.

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Has anyone heard anything more about Nicole Crossman and her litigation with the BLM Agents and ADA CO. Deputies concerning her not providing her name to the Officers? She was mining with her family and the Officers took her to jail without her rights being read also. Michael B.

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Thanks and If I hear anything I'll get back.

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It is a common misconception that if you are arrested you must be read your rights. Your rights must be read to you if you are subject to an in custody interrogation. In other words, the officer has already made a determination that you have committed a crime or has probable cause to believe that you have committed a crime, and now he wants to question you further to determine the specifics of your involvement. Even if he doesn't read you your Miranda rights, and asks you questions, the cop didn't do anything illegal, it's just that he/she is stupid because any incriminating statements you make in response to those questions will not be admissible in a court of law.

 

Cop see's a guy on a corner, gun in one hand, bank bag in the other and a bank alarm is going off across the street. Cop orders the guy to drop the gun. He drops it. Cop handcuffs him and says, "Did you rob that bank?" Sure did! Inadmissible, guy was in custody and he was not given Miranda. Same guy, but cop handcuffs him, they don't give him Miranda, they do not ask him any questions. Other cops arrive and bring bank employees to detained suspects location. They make a positive ID. No harm no foul. No one asked the suspect anything about the robbery. Miranda does not apply.

 

Doc

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Hey, Doc ... Thanks for that info .. I'm gonna apply it to my life starting later tonight or first thing tomorrow! ... :D ... Just joking ... I poached a deer in my yard about 30 years ago and got busted by F&G ... They chatted me up all friendly like and told me everyone did it in the area and it was a great source of meat ... They said it was at worst a parking ticket ... So I told them, OK, it's hanging back in the shed ... As we started walking to the shed, they had a brief exchange with each other about reading me my Miranda rights ... The senior fish cop "won" their discussion, told me to hold on, then read me my rights ... I then told them no way we were going forward without them having a warrant and me having a lawyer ... Well, they got extremely pissed off, but I stood my ground ... So one of them had to drive 50 miles, spend half a day with the judge, while the other stayed with me in my front yard ... The whole affair ate up their entire day and then some ... Bottom line was I got convicted, the jail got a beautifully aged hunk of deer meat, I paid $250 fine and sued the phone company who's worker turned me in after spying through the window trying to see my wife and sister in their pajamas ... Phone company did back flips to accommodate me and it was the best $250 I ever spent ... Cheers, Unc

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