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1877Re: [tips_and_tricks] Swan update

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  • Frog Farmer
    Jul 8 9:27 AM
      Are you aware that "PA" is not the state called
      Pennsylvania? PA is an imaginary federal zone, or don't you
      care?

      I don't know the procedures for Pennsylvania. Do you know
      the names of the people who arrested and tossed you? Were
      they lawfully qualified to do so? How many rights did you
      waive between the time you were arrested and the time you
      were released (assuming you're not writing from jail right
      now)? Do you realize that to fail to object timely can be
      interpreted as a waiver of a right? And why do you say,
      "we"? I'm sure you cannot know what happens in every case
      in Pennsylvania. Maybe you were speaking of just you and
      your friends...maybe you were arrested on probable cause for
      some crime that could be described differently than
      "remaining silent" (which is not a crime). If you were
      arrested for breathing air, where would you go from there?

      I would probably demand a probable cause hearing (to get
      even more names) and a bail setting hearing, so I could turn
      down bail. What did you actually do? I would demand a
      proper arraignment, which I have not seen done in California
      in over 20 years.

      keystone law wrote:

      > ok now here in PA we remain silent. We are arrested and tossed. Our
      > rights are violated. Now what. Where does one go from there.
      >
      > keystone law wrote:
      >
      > >
      > >
      > > No but if you have cases that I need not say anything it would be
      > great.
      >
      > "The privilege against self-incrimination, which has had a
      > long and expansive historical development, is the essential
      > mainstay of our adversary system, and guarantees to the
      > individual the "right to remain silent unless he chooses to
      > speak in the unfettered exercise of his own will," during a
      > period of custodial interrogation [384 U.S. 437] as well as
      > in the courts or during the course of other official
      > investigations." Pp. 458-465.
      >
      > Miranda v. Arizona, 384 U.S. 436
      >
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