WATCH: N.J. troopers arrest woman for remaining silent during traffic stop - Page 7
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Thread: WATCH: N.J. troopers arrest woman for remaining silent during traffic stop

  1. #61
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    Quote Originally Posted by Eidolon View Post
    The post seems to have disappeared (and I'm pretty sure I know why) but I seem to remember someone asserting that you need say NOTHING to invoke your right to remain silent and challenging anyone to provide legal precedent stating otherwise.
    Yep, I deleted a post similar (though not exactly) to that maybe 10 - 20 minutes after posting it. I am "pretty sure" that any reason you have kickin' around in your head gives me the full benefit of the doubt that it was deleted in good faith so that I could review case law to make sure I was on solid ground, right? Riiiiiiiiiiiiiiiiiiiiight. Whatever. Don't quit your day-job. You're neither a mind-reader about my reason for deleting that post, nor are you particularly adept at reading your own citations.

    Bergheim V Thompkins docket # 08-1470 SCOTUS

    The very first line in that ruling says, "After advising respondent Thompkins of his rights, in full compliance with Miranda v. Arizona , 384 U. S. 436 , Detective Helgert and another Michigan officer interrogated him about a shooting in which one victim died."

    Everything that follows in that ruling is scrutinizing the invocation of one's rights after Miranda warnings were issued, and after the question was posed to the subject/suspect whether or not he understood his rights as-stated. Additionally, that case hinged on an interrogation that was being recorded with identities of everyone in the room put on the recording for fully legal use in court at a later date since Miranda warnings had already been given and understanding asserted by the suspect. More from the ruling:

    The Federal District Court denied his subsequent habeas request, reasoning that Thompkins did not invoke his right to remain silent and was not coerced into making statements during the interrogation, and that it was not unreasonable, for purposes of the Antiterrorism and Effective Death Penalty Act of 1996 (AEDPA), see 28 U. S. C. §2254(d)(1), for the State Court of Appeals to determine that he had waived his right to remain silent.
    Thompkins had been given his Miranda warnings, said he understood them and then spoke to his interrogators in spite of them. Therefore, his claim of having been coerced into waiving his rights could not stand.

    Ms. Mussara was asked a question on the side of the road before even knowing the nature of the stop. She was not being interrogated, she was being given the chance by the cop to volunteer information that could be used against her, and then arrested on a trumped up obstruction charge because she refused to answer any questions. She was decidedly coerced to waive her right to remain silent before the name Miranda ever entered the picture, and her "interrogation" at the station after being arrested consisted of the cop's superior reviewing the video, assuring her that the cop would receive extra training and cutting her loose!

    You should read the citation you linked to. Oh.... wait.... scratch that. You didn't link to it, I did. You obviously just read something that said Thompkins never invoked his right to remain silent and took off runnin' with that. The actual ruling that I linked to makes it quite obvious that the side of the road on a traffic stop before Miranda warnings are given and understood by the subject/suspect, is not where Bergheim v. Thompkins is applicable.

    Next.

    Blues
    No one has ever heard me say that I "hate" cops, because I don't. This is why I will never trust one again though: You just never know...

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  3. #62
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    It's really important that people think you're the smartest guy in the room isn't it BS?

  4. #63
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    Quote Originally Posted by Eidolon View Post
    It's really important that people think you're the smartest guy in the room isn't it BS?
    Certainly not in this instance. In this instance it's really important that no one take your citation to Bergheim v. Thompkins as a valid ruling to support the wrong premise you're trying to put forth, and in your case personally, it seems apparent that you can't stand to be wrong to begin with, especially if it's proven by me. I've tried being polite and casual with you. Screw it. It ain't what you want from this board in general, or from me specifically. You try over and over again to establish dominance and superiority over me. I'd much rather be nice and casual, but you ain't havin' it, so quit trying to use obviously wrong points of law to promote erroneously-interpreted (by you) rulings, and I'll have no reason to actually read your references and point out how wrong they are. Actually reading someone's cites should be the minimum smarts people possess in these kinds of discussions, so I'm attempting nothing of the sort. One isn't trying to be the smartest in a discussion involving another who is lacking the minimum smarts to even keep up with his own cites. That one's on you, "bro."

    Blues
    No one has ever heard me say that I "hate" cops, because I don't. This is why I will never trust one again though: You just never know...

  5. #64
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    Agree!

  6. #65
    Agree? Agree with what..... all 63 previous posts, some random post, the last post?
    “Religion is an insult to human dignity. Without it you would have good people doing good things and evil people doing evil things.
    But for good people to do evil things, that takes religion.” ― Steven Weinberg

  7. #66
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    Officer, here is my Licsense, registration and proof of insurance. I choose to exercise my right to remain silent, I have nothing further to say.
    See how easy that is?

    Do we have an update?
    In an emergency individuals do not rise to the occasion, they fall to the level of their MASTERED training
    Barrett Tillman

  8. #67
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    Quote Originally Posted by XD40scinNC View Post
    Agree? Agree with what..... all 63 previous posts, some random post, the last post?
    It's a spambot
    In an emergency individuals do not rise to the occasion, they fall to the level of their MASTERED training
    Barrett Tillman

  9. #68
    FNWylde Guest
    I got curious and could only find general docket updates. One alludes to a settlement hearing on 03-29-2017 and this one from 04-28-2017: Order Administratively Terminating Action-60 Day, Pending Consummation of Settlement. Administrative termination deadline set for 06-27-2017. Signed by Judge Michael A Shipp 04-28-2017.

    Maybe we'll see if she gets her millions.

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