moronmountain
New member
Hapless":7c96a said:moronmountain":7c96a said:Cops only read you "your rights" if they are going to question you. They can detain you on suspicion (probable cause), but they'd better have a good reason. Taking you to jail without even questioning you is not a good thing. I would be pissed to, but I understand how they want you just to follow orders without question while they're doing their business. FWIW, it's not too hard to come up with PC to detain someone. Arresting them however.........
You've almost got it right. As someone has already mentioned, Terry v. Ohio and other more recent cases ruled that police may stop and detain someone based upon reasonable suspicionthat they have committed, are committing or are about to commit a crime. The reasonable suspicion must be articulable, i.e., the officer must be able to put it in words. The officer's gut feeling doesn't cut it. The officer may also pat down or frisk {not search} the stopped person based on other factors which may indicate the subject is armed. These factors must also be articulable.
Reasonable suspicion is much lower than probable cause. PC is required to arrest or search. As my brother in arms Odin has already stated, Miranda only applies in a custodial interrogation situation, or when a suspect could reasonably believe he is in custody.
As to the other guy with cop problems...dude, you live in Chicago. Other cops shake their heads in disbelief at some of the things Chicago coppers do. But like Odin said, your story is definitely suspect.
Yeah I know I mis-stated. I couldn't think of the phrase "reasonable suspicion" while I was typing my response, and I figured most people would understand "pc" a lot more.