Okay, today is quiz day here at The Graveyard Shift. So sharpen your pencils (we’re not high tech), take a seat at your desks, and then you may begin.
Miranda. Yes or No?
- Johnny I. Lawbreaker was arrested at the scene of a burglary. A man walking his dog, a toy poodle named Ralph, saw Lawbreaker enter the home through a side window. The witness called the police and within a minute or two a patrol car showed up and the two officers nabbed the crook as he climbed feet first from the open window. In his right hand was a money bag filled with cash. The bag was clearly labeled with the homeowners first and last name.
The officers handcuffed Lawbreaker and hauled him to the local jail. He was allowed to post bond and later appeared in court to answer to the charges of Breaking and Entering and Larceny. Prior to his testimony Lawbreaker appeared confident and even occasionally smiled at jury members, the arresting officers, and the DA. After the prosecutor finished her opening statement Lawbreaker, having waived his right to an attorney, was representing himself, stood an addressed the court by saying, “Your Honor, I’d like for you to dismiss all charges because the officers never read me my rights, and the law states that they must. They violated my constitutional rights. Thank you.”
The judge, the Honorable Tommy T. Toughasnails, said, “Motion denied. Madam prosecutor, you may continue. “Law breaker was flabbergasted. He wondered how the judge could allow such a flagrant violation? After all, he thought, it’s right there in the constitution—When a person is arrested, police officers must immediately advise them of their rights.
Question – When making arrests, are police officers required by law to advise suspects of their rights? If so, is there a specific time and/or place to do so (at the spot of the arrest, for example?) At the police station/jail?
The One Phone Call
- Police arrested Steve Legalbeaglewannabe and are now inside the department booking area. The prisoner rants and complains and hollers about his constitutional right to a phone call. “I want to call my wife and I demand that you take me to a phone right now! You idiots are violating my constitutional right to make a phone call. I ain’t no fool. I. Know. My. RIGHTS!”
Question – Is Leagalbeaglewannabe correct? Is there a constitutional right to be allowed that “one phone call?”
Those Lyin’ Cops
- Ronnie Wrongway tells the judge that he shouldn’t be convicted for his crime of selling a million pounds of fentanyl to an undercover cop because the plainclothes cop lied to him, stating that he was not a police officer when Wrongway asked. During the trial the drug dealer aimed a grubby and stubby index finger at the officer and declared, “He, that fibbing cop right there, violated my constitutional rights when he lied to me. Cops must always tell the truth; therefore, I demand that all charges against me be dismissed.”
Question – Is it written in the constitution that police officers must always be truthful when dealing with criminals? Must charges be dismissed if an officers lies to a suspect during an investigation?
I Ain’t Pressing’ No Charges
- Betty Blackeye calls the police to report an assault committed by her boyfriend. She tells the dispatcher that that Billy Buck came home from work, caught her in bed with two clowns from the circus that was in town for the week, and the next thing she knew … POW! Billy socked her in the eye. He tried fighting her two lovers but each time he bopped them in the nose they simply fell backward for a second, after releasing an odd squeaking noise, before quickly bouncing back upright.
So officers drove over to nab Billy Buck with plans of charging him with assault. When they arrived they observed Betty’s recently and badly bruised eye. However, Betty had a change of heart and began crying and begging officers to let the love of her life go. “I LOVE him,” she squalled. Between sobs she said she didn’t want to press charges, but the officers handcuffed Billy and took him to jail anyway. He was charged with assault.
Question – Was it legal for officers to arrest Billy Buck even though Betty withdrew her complaint?
Peekaboo, I See You
- Donnie Doper called the police to report a break-in at his home. He told police that a rear door was forced open and the crooks stole his Crockpot, a socket set, and a shotgun. Police officers arrived and Donnie invited them inside to have a look around. While touring the home and taking notes one of the officers spotted a 5 lb. bag of cocaine on the kitchen table. Beside it is a set of scales and a stack of plastic bags. They arrested Donnie and confiscated the drugs and associated items.
Donnie argued that the officers illegally seized the drugs and paraphernalia because they did not possess a warrant to do so. And, since the seizure was illegal then so was his arrest. He demanded that charges be dropped.
Question – Was Donnie’s arrest illegal? Do police need a warrant in this or similar circumstances?