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(RamblingBeachCat.com)   The Ghost Driver is a fun prank to pull at the drive thru, but it's not recommended when you're pulled over by the police   ( ramblingbeachcat.com) divider line
    More: Florida, Palm Beach County Jail  
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12004 clicks; posted to Main » on 08 May 2013 at 1:36 PM (5 years ago)   |   Favorite    |   share:  Share on Twitter share via Email Share on Facebook   more»

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2013-05-08 05:01:19 PM  
There's ghost cars all over these highways
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2013-05-08 05:12:05 PM  
Dammit Wheeljack
2013-05-08 06:09:22 PM  

durbnpoisn: Uh... No. First of all, you only have the right to remain silent once you're arrested.

In the US you always have the right to remain silent unless compelled to by a court, and even then you have the right to non-self incrimination
2013-05-08 06:19:02 PM  

Oznog: no I lent it to this guy, uh, Rusty Schackleford,

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Dale Rusty Shackleford approves.
2013-05-08 06:31:30 PM  
horsepocket: durbnpoisn: Oznog: Wade_Wilson:

Uh... No. First of all, you only have the right to remain silent once you're arrested. That right doesn't come up while you are being questioned in an investigation. If you refuse to answer or lie, you are actually widtholding evidence and hindering the investigation. Then you'd be in real trouble.

I'm no legal expert, but I'm pretty sure that this part of the Miranda rights are an extension of the 5th Amendment of the Constitution, which state you have the right (regardless of being arrested or detained for questioning) to not be a witness against yourself. The Miranda rights must be READ at time of arrest, but they are valid at all times in a person's life.

If what you said were true, then no suspects would ever be arrested until after their guilt was already determined.

1) Your privilege against self-incrimination is active any time you're questioned by police.

2) But the privilege against self-incrimination is not a privilege to lie. Lying to investigators, whether you're guilty of an independent crime or not, can constitute any number of crimes. Federally, two such crimes are false statements, (18 USC 1001) and obstruction of justice, (18 USC 1505).

3) Hence, the Miranda warning states only you have a "right to remain silent."

4) Also, the privilege is only against self-incrimination. Unless you reasonably believe what the government is asking you to say tends to incriminate you, then even remaining silent can constitute obstruction of justice.

5) That "reasonably believe what the government is asking you to say incriminates you" is pretty broad, but not limitless. So it shouldn't be invoked frivolously. And it can be overcome by, for example, an offer of immunity. Thus, if you exercise your right to remain silent, but the government offers you immunity for what you say, you have to testify, or risk prosecution.
2013-05-08 07:06:36 PM  

runescorpio: ChipNASA: Genius....he should have just stayed there....however, when the tow truck came......
/drive out of impound yard??

Pretty much. Just peek out and watch the towtruck driver pull away then bail.

Nah. They'd have your plates and you'd get nabbed for grand theft or something later when it's your car missing from impound.
/Unless you report it stolen and ditch it somewhere after you steal it....
2013-05-08 08:38:57 PM  

moothemagiccow: There's ghost cars all over these highways
[deadhomersociety.files.wordpress.com image 640x480]

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2013-05-09 07:36:42 PM  
I'd hit that in jail. I ain't afraid of no ghost.
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