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Being Detained Part 6

In the real world.... you can be arrested without ever being read your Miranda Rights. You may only be advised of your rights before something called "questioning."

But the reality of your plight can be much more interesting. You can be arrested, jailed, tried, convicted and then jailed forever -- all with your never having ever been given your Miranda rights. It just depends upon how much hard evidence they have against you.

As far as Sr. Ernesto Miranda... The Poster Child for the Miranda warning:

Sr. Miranda had been arrested for something minor but during his time in the detective's office he blurted out that he had been out kidnapping children and raping them. The police were very impressed with his honesty and proceded to have him prosecuted and convicted of these crimes. This is where our legal system took over and got him temporarily sprung. Sr. Miranda was then given a second trial for these heinous crimes. His "illegal" confession was not presented at this new trial. Sr. Miranda was however again convicted of kidnapping and raping children. He only served 11 years for the rape of a child. Sr. Ernesto Miranda was out on the streets of America when he was -- eventually -- stabbed to death in a fight. Police arrested a very good suspect who, after choosing to exercise his Miranda Rights, was released.

It is very important that the illegal alien understand that making a false claim or statement to a federal officer is a federal felony. Being asked "Are you a US citizen?" and answering "Yes" when in truth the answer is "..Ahhhhh . No", can certainly be construed as making a false claim, and thus is a federal felony.

Federal felonies are very bad things.

Rather than being caught out in the bushes you might instead get caught at an official border crossing. A real official border crossing is called a Port of Entry. A Port of Entry has certain legal basis and is a very serious place. Very few people who cross our borders every day have any idea whatsoever how serious those 45 seconds in front of an INS or Border Patrol or Customs agent really are. An agent operating at an official US Port of Entry has immense powers. Only very rarely does the agent exercise even a fraction of the power he actually has. At a minimum a US citizen can be easily denied re-entry into the US. There is no probable cause needed for the agent at a Port of Entry to do his duty. It is 100% the responsibility of the US citizen to prove to the agent that he or she is in fact a US citizen.

 

 

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