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Bodhisattva
Posts: 878 - Karma: 138
I made a thread the other day about how I got fucked over the other day and charged with underage drinking at my house but now I have a few other questions. Can I appeal it if the cops walked into my house without ever asking permission and if they never told me my miranda rights?
Apr 8 2011 3:14PM
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Bodhisattva
Posts: 878 - Karma: 138
?
Apr 8 2011 3:29PM
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moonofendor
Posts: 1484 - Karma: 14
nope. and how old are you?
Apr 8 2011 3:42PM
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Dhane
Posts: 3866 - Karma: 1,722
im going to take a stab in the dark here and say under 21.
Apr 8 2011 4:17PM
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Bodhisattva
Posts: 878 - Karma: 138
Well since the miranda rights are when they say "everything you say can and will be used against you in a court of law" and then they charged me with underage drinking solely on me admitting that I had 1 beer once when I was talking to them, no breathalizer or anything, can't that not be used as evidence? Since they never said that to me I don't think it can be used as evidence
Apr 8 2011 4:22PM
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Deezy
Posts: 4580 - Karma: 1,004
women have none?
Apr 8 2011 4:23PM
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Arabian.
Posts: 9632 - Karma: 55
Miranda warnings only apply to criminals in police custody. You may appeal the fact that they had no evidence and you were scared and admitted to something you didn't do, but you'll probably lose because you're a fucking idiot and admitted to drinking.
Apr 8 2011 4:33PM
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.AR6rider.
Posts: 15976 - Karma: 8,799
Boom.

I was going to post something similar to this but didn't feel like taking the time haha.
Apr 8 2011 4:33PM
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vailsux.com
Posts: 1769 - Karma: 440
Under 21? you are probably fucked.
Apr 8 2011 4:50PM
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moonofendor
Posts: 1484 - Karma: 14

but if he's under 18 who gives a fuck. you do some community service, and boom once you're 18 its gone.

the whole sport thing, you'll prolly be fucked, but shit you gotta live with the consequences...

Apr 12 2011 10:27AM
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tommyp1ckles
Posts: 1337 - Karma: 55
"arent you too old to be drinking underage?" haha

depends, was your dock shut... and where you drinking where they could see you from the street or door (windows)

if they actually just came into your house without a warrant or permission then the courts are supposed to throw out the evidence (ie the "evidence" was illegally obtained because they where pretty much trespassing on your propertie) but id ask a lawyer to be sure.
Apr 12 2011 10:34AM
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An10a_Eng
Posts: 2505 - Karma: 26
you only need to be read your miranda rights if youre arrested. and  they dont have to ask to go in your house if they have reasonable belief that a crime is being committed. its called the good faith and credit clause or something. i forget the case that established it. heres the deal, you broke the law, deal with the consequences
Apr 12 2011 1:13PM
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Nurgle
Posts: 1249 - Karma: 15
hes going to be suspended from the baseball team for 5 games
Apr 12 2011 1:15PM
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spidermanatadesk
Posts: 491 - Karma: 10
Your and idiot.
Apr 12 2011 1:17PM
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TechnoPotamus
Posts: 11626 - Karma: 3,522
my meter is tingling, or is it
Apr 12 2011 1:25PM
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7-3instacall
Posts: 999 - Karma: 1,005
my jaw drops everytime i hear you can get shit for being drunk at age 20 in the states, how dumb
Apr 12 2011 3:54PM
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soulskier
Posts: 17806 - Karma: 3,841
mirand a only applies when you are under arrest
Apr 12 2011 4:00PM
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spidermanatadesk
Posts: 491 - Karma: 10
...
Apr 12 2011 4:12PM
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soulskier
Posts: 17806 - Karma: 3,841
for your right
Apr 12 2011 4:15PM
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maximiliaan
Posts: 7711 - Karma: 2,857
TO PAAAAAAAAAAAAAARTTTTYYYYYYYYYYYYYY!
Apr 12 2011 4:23PM
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chill_davis
Posts: 2107 - Karma: 650
fucked.
Apr 12 2011 6:21PM
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ORDEAL
Posts: 6386 - Karma: 75
What a shitty law and order
Apr 12 2011 6:24PM
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TaySwift
Posts: 3436 - Karma: 1,622
fuck guys , i have to find this funny. In my City of Canadia, we were walking to a park fire pit to have a bonfire and I had a backpack on full of expensive Belgium wine and other brews. Sit down, immediately the cops come over and tell us the rules about how to put a fire out, and when to put it out, they were chill. One of them Picks up my backpack and shakes it and hears the clash of cans and bottles together , so he tells me to go over and open up the bag, i do and he ask how old we are. We say we are 16, he says seeing how you gusy are underage , i am going to have to get you guys to dump the beer. i imeedietly take the Belgium wine out, he says," Woah, i love that stuff, your parents must have great taste" while i am emptying the beer, he laughs to the other Cop and says," Man these kids shouldn't be drinking beer like this, you can tell if it's a bad brew depending on how much foam comes out when you open it." They just said have the fire out by 11pm and do not pee on it, or elese it's a $100 fine. Canadian cops could rather give a fuck about charging someone for alcohol, i think in your case , they need a warrant to enter a house, if they did not have any, just say you were scared and blurted out the wrong answer. I just shot up a bunch of meth, you have no idea if i did or not.  
Apr 12 2011 6:33PM
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freestyler540
Posts: 13083 - Karma: 18,726
no what is done is done. now deal with the consequences. Things will fix itself
Apr 12 2011 6:35PM
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Casey
Posts: 7849 - Karma: 24,323
if you are telling the truth then go ahead and spend 5 grand on a lawyer to get out of your 250 dollar fine
Apr 12 2011 7:07PM
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SeanTom
Posts: 7936 - Karma: 1,747
haha, if jenifa was still a mod....
Apr 12 2011 7:08PM
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No_Dub
Posts: 3357 - Karma: 294
only solution is to impregnate your closest female family member.
Apr 12 2011 7:13PM
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jibnut
Posts: 3038 - Karma: 304
lolwut
Apr 12 2011 7:16PM
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eheath
Posts: 61604 - Karma: 123,131
It already happened so you're basically fucked. If you knew at the time you could have told them not to come in and also told them you weren't drinking then you might have been good, but since you admitted to drinking and they went in your house, its their word over yours and a cop always gets trusted first. Sorry man, best bet is to go to court, suck up to the judge and possibly get charged less.
Apr 12 2011 7:20PM
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Bodhisattva
Posts: 878 - Karma: 138
The whole point of this is that I was under arrest. The whole stories in the last thread I made, I'll post a link here in a second. I DIDN'T drink anything but when they gave me the citation thing it said on the summary "admitted to drinking" he never asked me if I drunk, never asked to come in my house, and never told me my miranda rights. The only evidence he had in charging me was me "admitting". So 1. I never admitted 2. He never stated my miranda rights so he can't use that as evidence.
Apr 13 2011 8:10PM
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