If there's probable cause for arrest, then there is definitely cause for detainment, which means you have to identify yourself.
But you said earlier that coming out of an incall during an HSI surveillance operation, you shouldn't identify yourself. You being there is PC enough to book you. You've become a suspect in a crime.
Simply asking am I under arrest, the cop must state if you're under arrest. If not under arrest, you ask if you're being detained. If not, you chuck up the deuce and walk your way.
They'll say "yep, you're detained until we figure out who you are. You're suspected of participating in criminal activity." It's real simple. They're not stopping you at Whole Foods. They're stopping you after observing you go in and out of a place under federal surveillance for criminal activity. I think you're losing the plot here. This isn't stop and frisk, this is an HSI investigation to human trafficking and money laundering.
If you're under arrest, you will be read Miranda rights. If not that's a violation that your attorney or acting attourney will be delighted to hear about.
Wrong. Miranda rights apply to questioning, not to arrest. If they don't ask you anything then you don't have to be Mirandized. You can be arrested without them saying anything at all. Your attorney will be delighted to hear from you any time you call because they'll bill you in 15-minute increments of $500 - $700 hour for proper criminal defense. You don't get reimbursed for those bills because you made sure you got arrested. Attorney gets paid. And as of 2017 with the overhaul to the tax code, you can't itemize out legal expenses on your taxes. So you just pay.
As far as your little manipulation technique trying to guilt me and saying shit that is untrue , I just have one word for it - lol.
Everything I've said about you is true, either from this post or the post from last year. Unless you were making things up about yourself.
It's clear you're trying to leverage fear of sitting in jail to avoid what any lawyer will advice to you - to not talk to police without an attorney.
I don't think any attorney would tell you to refuse to identify yourself. Unless they're in need of some billable hours. The attorney is there to make sure your rights are preserved. They're not there to help you avoid arrest or to make sure your weekend goes smoothly and outside of LA County Jail. That's not their job. You can have a cordial conversation with the police about your name, address, what you do for a living, etc without answering things that relate to a criminal investigation. Since most people (many on this board) can't distinguish between being cordial and not going into any detail of an investigation, the advice is simply "don't say anything." But this doesn't apply in every scenario.
There is that video on Youtube about "Don't talk to the police" and the guy came out with a 2nd video a few years later saying the whole internet took him out of context and took him way too literally. And even he said what he's referring to is questions about the past. Where you were, the last time you went to X place. Not your name or you reporting a crime, or basic manners. That wasn't the point even though guys on TER think it was.
As Jensen noted correctly, for someone who tries to frame his argument around "just cooperate and you won't have to sit in jail", you sure been to jail a lot.
Yeah but I've avoided jail a lot too by being reasonable. I've asked before what time their shift ends and I say I'll just stay indoors until well after your shift is over. Or I've said "hey, I live right over there. Can I just go on home and go inside? Less paperwork." And all of those things resulted in me not going to jail. I didn't have to confess to anything or assist in any investigation. Just a reasonable guy.
And yes, I've been to jail a lot. If you get accused of a crime, you're probably going. That's when I would say I need counsel because I need a law enforcement professional. The way I say it is never a problem. I don't sit there and repeat "Am I being detained?!" over and over because I don't have to. I have seen plenty of people go to jail for a completely avoidable reason just because the cops didn't like their attitude. Know what happened? They sat in jail for the day or for a 24-hour period, let go without charges, and that was that. Could have been avoided. But they wanted to be tough guys.
But then again they have friends and loved ones who miss them when they're gone. You have no one, as you've said previously, because you don't matter to anyone.
As far as I can tell, you don't visit kgirls (maybe I'm wrong)
You're wrong. Been seeing Kgirls since 2011 I think? It's been a while. I miss when photos were actually mostly real. I miss Cityvibe too, but oh well.
You don't post on this board much besides this topic.. But you feel so strongly about this. It's peculiar.
Yeah I don't post a lot. I'm not part of the scene and I kind of keep to myself in this hobby. Usually just doing other things. Attending to life. I keep the hobby and my personal life separate.