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Old 10-17-2002, 09:41 PM   #61
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By the way, today I took his Dashboard Confessional cd out of the CD player and put a nice big scratch on it with my housekey. Although, I think this is more of a favor than an act of revenge. I spit in his milk last night.

 
Old 10-17-2002, 09:43 PM   #62
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Originally posted by mpp


holy fucking christ

are you talking abotu the due process clause of the 5th amendment where it says you can't take someone's pty w/o due process of law? that's congress and the feds, NOT THE POLICE

jesus

the 5th amendment's due process clause does not apply to the local police



now, what questions do you have left? i'll try to answer them succintly
and it's funny how you belittle me when all i said was i wonder if the rule that you don't have to submit to a blood test comes under the 5th amendment or the 4th amendment. yeah you're REEEAL helpful and knowledgeable. i'm not asking you any questions whatsoever. you've basically showed me that you're not a good source of information.

 
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Old 10-17-2002, 09:44 PM   #63
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Originally posted by mpp


that is serious bullshit

what did you did exactly when the cops came?
The first time, when I got the paraphanalia charge, I was busted and couldn't get out of it. The second time, when it was just two uniform police I answered all of their questions with a question and was completely vauge about everything. And when they asked to come in, I said no.

You should have seen the look on my room-mates face when he came home and I was still there. He was completely shocked.

 
Old 10-17-2002, 09:44 PM   #64
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Quote:
Originally posted by Mr. Rhinoceros
By the way, today I took his Dashboard Confessional cd out of the CD player and put a nice big scratch on it with my housekey. Although, I think this is more of a favor than an act of revenge. I spit in his milk last night.
hm.

 
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Old 10-17-2002, 09:46 PM   #65
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Quote:
Originally posted by Samsa


you have to belittle these rights that are guaranteed by the constitution and the supreme court.

i'm being successful in pointing out that you know very little about criminal procedure, rules of evidence, the bill of rights, and the common law precedent involving the fourth and fifth amendments

bottom line: when the police come and knock on your door, answer their questions; don't get smart or ask silly questions or tell them you don't have to talk to anyone or answer any questions b/c you've got a constitutional right to remain silent; they're just going to think you're an idiot and they're either going to search your house via reasonable suspicion or they're going to get a judge to issue a warrant to do so b/c you're being interrogative, uncooperative, suspicious, and strange

one more time, do you have any other questions?

 
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Old 10-17-2002, 09:49 PM   #66
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Quote:
Originally posted by Samsa


all i said was i wonder if the rule that you don't have to submit to a blood test comes under the 5th amendment or the 4th amendment.
i'm sorry, i didn't see that

that's all about state law; whatever the state says goes; has nothing to do w/ the bill of rights except the 14th amendment

 
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Old 10-17-2002, 09:52 PM   #67
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Originally posted by mpp



i'm being successful in pointing out that you know very little about criminal procedure, rules of evidence, the bill of rights, and the common law precedent involving the fourth and fifth amendments


actually i know more than you do, considering you don't seem to know much mor ethan the actual words that are written in the constitution. funny you say you're being succesful at pointing out how little i know, when i have been consistently right on this issue, and when i 'haven't been right' i never said i was right, i was just posing a question or an hypothesis. i'm not a haughty fuck like you who can't admit when he's wrong. you're wrong. you replied to me laughing in my face that THE FIFTH AMENDMENT ONLY REFERS TO TRIALS and i showed you that it didn't, and now you're 'pointing out to me how little i know'. whatever, senor fuckface.

Quote:

bottom line: when the police come and knock on your door, answer their questions; don't get smart or ask silly questions or tell them you don't have to talk to anyone or answer any questions b/c you've got a constitutional right to remain silent; they're just going to think you're an idiot and they're either going to search your house via reasonable suspicion or they're going to get a judge to issue a warrant to do so b/c you're being interrogative, uncooperative, suspicious, and strange
that has nothing to do with rights though. as i said before, we aren't talking about reality or what happens in real life. we're talking about rights given to us by the constitution and the supreme court. reality never came into play until you switched your argument tactics just because you can't stand to be wrong. all of this was always on the basis of what is allowed by law and what isn't. just because the cops do something and get away with it doesn't mean it's constitutionally allowed, it just means the system of applying these constitutional rights is flawed. you're mixing apples and oranges to try to disqualify my argument that regardless of what happens, you do not HAVE to talk to a cop, because of the 5th amendment. it's pretty fucking obvious that it's not always a good idea to be uncooperative, so stop acting like this is something i never thought. did you even read the link i posted? jesus chrsit.

Quote:

one more time, do you have any other questions?
what is your fucking problem? i was never asking you a question in the first place. every 'question' i posed was purely aimed at myself. i was thinking aloud. and you shouldn't accuse me of being 'wrong' or 'ignorant' for being curious. that's one thing i have over y ou. i don't sit around saying i'm fucking right when i'm not. i do some fucking research. and i did my fucking research and i found out exactly what the supreme court has to say about the 5th amendment, and you obviously didn't, because if you had, this conversation wouldn't have occurred in the first place.

 
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Old 10-17-2002, 09:54 PM   #68
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Quote:
Originally posted by lucky_13
if my roommate smoked pot alot i'd probably be annoyed. not annoyed enough to call the cops but annoyed. however, i'm an anti-drug freak.
Since the little prick moved in, in August, I've smoked weed here twice. I didn't get into the habit of smoking weed at my apartment for precisley this reason. However, my car was totaled on the 4th and I wanted to smoke out my friend so we made a joint and smoked in my room. That was Tuesday when I very nearly got busted.

Being anti-drug, especially anti-marijuana, is fucking stupid. I'm not going to be an idiot and say marijuana is good for you because it expands your mind or some shit. However, it's less dangerous than alcohol and you can actually function somwhat normally and your mind isn't all blurry. Besides, I'm just minding my own buisness and trying to relax a bit.

Last edited by Mr. Rhinoceros : 10-17-2002 at 10:09 PM.

 
Old 10-17-2002, 09:58 PM   #69
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I just smoked a bowl from the bong I *just* bought at the headshop upstairs. *contributes*

 
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Old 10-17-2002, 09:58 PM   #70
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SUZE. PLEASE STOP GOING BACK AND FORTH WITH MPP ABOUT THE FIFTH AMENDMENT. I MEANT FOURTH BUT SAID FIFTH. SHUT THE FUCK UP THE BOTH OF YOU.



I'm trying to fuck up my roommate. I wish I could infest the house with lice, or better yet, crabs just before I left. That'd be sweet.

Last edited by Mr. Rhinoceros : 10-17-2002 at 10:01 PM.

 
Old 10-17-2002, 10:05 PM   #71
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Quote:
Originally posted by Mr. Rhinoceros

SUZE. PLEASE STOP GOING BACK AND FORTH WITH MPP ABOUT THE FIFTH AMENDMENT. I MEANT FOURTH BUT SAID FIFTH. SHUT THE FUCK UP THE BOTH OF YOU.



I'm trying to fuck up my roommate. I wish I could infest the house with lice, or better yet, crabs just before I left. That'd be sweet.
i know you said fifth but meant fourth. it was just an unrelated thought about how the fifth amendment may have applied and i suddenly get called wrong by mr know-it-all, and when i showed him i was actually right he made unrelated arguments. i apologize for ruining your thread. it would not have happened if *someone* had not unnecessarily jumped my ass.

 
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Old 10-17-2002, 10:10 PM   #72
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samsa,

the fifth amendment does not only apply to trials; i never said that

i said it applies to criminal proceedings in criminal cases (including interrogations, see miranda); but it does not, i repeat does not, apply in a constitutional sense, when a police man asks you a question

obviously, everyone has the right to remain silent; i wish you would exercise yours more often; the fifth amendment applies only the criminal proceedings in criminal cases against criminal defendants; for example, at a civil trial, you can't say "i invoke my fifth amendment privilege" and not expect to be in contempt of court

i suppose we're just looking at it from two different points of view; you think the consitutution applies to all situations all the time and in a way it does; i'll admit that, but i knew that at the beginning of the argument

now, i'll stop and let you get the last word per mr rhino's request

if you want to talk more, just email me

 
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Old 10-17-2002, 10:11 PM   #73
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Quote:
Originally posted by mpp
samsa,

the fifth amendment does not only apply to trials; i never said that

i said it applies to criminal proceedings in criminal cases (including interrogations, see miranda); but it does not, i repeat does not, apply in a constitutional sense, when a police man asks you a question

obviously, everyone has the right to remain silent; i wish you would exercise yours more often; the fifth amendment applies only the criminal proceedings in criminal cases against criminal defendants; for example, at a civil trial, you can't say "i invoke my fifth amendment privilege" and not expect to be in contempt of court

i suppose we're just looking at it from two different points of view; you think the consitutution applies to all situations all the time and in a way it does; i'll admit that, but i knew that at the beginning of the argument

now, i'll stop and let you get the last word per mr rhino's request

if you want to talk more, just email me
but the fifth amendment does apply to interrogations. i just showed you.

 
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Old 10-17-2002, 10:18 PM   #74
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Quote:
Originally posted by mpp


not unless he was under oath in a courtroom; the fifth amendment applies only to sworn testimony in criminal cases;
ok sorry brendan sweeney

 
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