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What Civil Rights Do You Have While In Police Custody

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  • 10-20-2009, 08:41 AM
    glennn.php
    What Civil Rights Do You Have While In Police Custody
    aside from Miranda, what Rights is a person still afforded when in the custody of the Police. Maybe it's easier to ask what rights are suspended when a person is arrested...? surely not ALL of them?

    I've searched, but all i find are topics specifically related to Miranda.

    Thanks
    GN
  • 10-20-2009, 08:49 AM
    BOR
    Re: Overall Rights/Loss of Same While in Custody
    The 8th amendment demands they be fed, clothed, given proper medicine they are on before arrested, etc., any denial would be a "deliberate indifference".

    They would LOOSE the right of privacy, per the 4th AM, as far as what are known as "shakedowns". IOW, thier cell can be searched at any time without a warrant.
  • 10-20-2009, 08:55 AM
    glennn.php
    Re: Overall Rights/Loss of Same While in Custody
    Quote:

    Quoting BOR
    View Post
    The 8th amendment demands they be fed, clothed, given proper medicine they are on before arrested, etc., any denial would be a "deliberate indifference".

    They would LOOSE the right of privacy, per the 4th AM, as far as what are known as "shakedowns". IOW, thier cell can be searched at any time without a warrant.


    interesting - what about 1st and 2nd amendment rights, etc...? other rights? what says which are "suspended", particularly before being jailed, say "en route"...?
  • 10-20-2009, 09:14 AM
    BOR
    Re: Overall Rights/Loss of Same While in Custody
    Quote:

    Quoting glennn.php
    View Post
    interesting - what about 1st and 2nd amendment rights, etc...? other rights? what says which are "suspended", particularly before being jailed, say "en route"...?


    The 2nd has no bearing, period.

    The detainee is still afforded 1st AM rights, as he can call police all the names he wants as long as "threats" of safety are not made, etc.
  • 10-20-2009, 09:32 AM
    cdwjava
    Re: Civil Rights While In Police Custody
    So, rather than going through twenty questions and trying to articulate what you can and cannot do while in custody, perhaps you'd care to tell us what happened?

    - Carl
  • 10-20-2009, 09:47 AM
    glennn.php
    Re: Overall Rights/Loss of Same While in Custody
    Quote:

    Quoting BOR
    View Post
    The 2nd has no bearing, period.

    The detainee is still afforded 1st AM rights, as he can call police all the names he wants as long as "threats" of safety are not made, etc.

    right - i just meant, "etcetera"...

    Quote:

    Quoting cdwjava
    View Post
    So, rather than going through twenty questions and trying to articulate what you can and cannot do while in custody, perhaps you'd care to tell us what happened?

    - Carl

    well, the story is posted in the Med Malpractice thread; i'm really more interested in the loss of rights in general at the moment of arrest. For instance, our 4th Amendment rights are likely waived at the time; it seems our 1st Amendment rights are NOT lost... this must be documented somewhere...?
  • 10-20-2009, 10:00 AM
    cdwjava
    Re: Overall Rights/Loss of Same While in Custody
    Quote:

    Quoting glennn.php
    View Post
    well, the story is posted in the Med Malpractice thread; i'm really more interested in the loss of rights in general at the moment of arrest. For instance, our 4th Amendment rights are likely waived at the time; it seems our 1st Amendment rights are NOT lost... this must be documented somewhere...?

    The question is just too broad to address specifically. Do you have a First Amendment right? Sort of. But, you don't have a right to interfere with the booking or arrest process, but you can express your disappointment or even to tell the arresting officers who you intend to vote for in the next election.

    There is no blanket law in any state that says your rights are eliminated after an arrest. There are limits or modifications to each. Note, that even the Fourth Amendment applies when you are arrested ... your protections are limited, but there ARE a few (such as dealing with strip searches or searches of items held in the property section of the jail where you are booked).

    This is just too broad to address with any specificity.

    - Carl
  • 10-20-2009, 10:12 AM
    glennn.php
    Re: Civil Rights While In Police Custody
    yes, thank you for that. i just assumed it was more black and white than that.

    G
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