Total Posts:9|Showing Posts:1-9
Jump to topic:

Alaskan woman arrested

muzebreak
Posts: 2,781
Add as Friend
Challenge to a Debate
Send a Message
5/4/2013 10:23:06 PM
Posted: 3 years ago
A 20yr old Alaskan woman named Skylar Waite was arrested not long ago.Now while this doesn't seem to be a particularly special occurrence, not only did the officer only state a reason for arresting her after they had already put her in their truck. Completely ignoring her pleas to know why she is being arrested. But the officer stated it was "for disorderly conduct at this point". I wasn't aware officers were aloud to come up with a reason to arrest someone, after the fact.

The officer who initiated the arrest also accused the woman of drug abuse several times, because he found marijuana in her room. Marijuana is legal to have in a private residence in Alaska.

When the officer is finally about to leave, the woman steps behind him to close the door, the officer turns around and pushes the woman into a near by table. He then throws her to the ground and cuffs her. All of the being unprovoked.

To top this whole orwellian sundae off with a cherry, they never read her, her miranda rights. This alone makes the entire thing unlawful, yet she is being charged with 4th degree assault of a police officer, resisting arrest, and disorderly conduct. Here is the youtube video filmed by her sister.
"Every kid starts out as a natural-born scientist, and then we beat it out of them. A few trickle through the system with their wonder and enthusiasm for science intact." - Carl Sagan

This is the response of the defenders of Sparta to the Commander of the Roman Army: "If you are a god, you will not hurt those who have never injured you. If you are a man, advance - you will find men equal to yourself. And women.
AlbinoBunny
Posts: 3,781
Add as Friend
Challenge to a Debate
Send a Message
5/4/2013 10:38:01 PM
Posted: 3 years ago
Hmm.
bladerunner060 | bsh1 , 2014! Presidency campaign!

http://www.debate.org...
http://www.debate.org... - Running for president.
http://www.debate.org... - Running as his vice president.

May the best man win!
bladerunner060
Posts: 7,126
Add as Friend
Challenge to a Debate
Send a Message
5/4/2013 10:47:34 PM
Posted: 3 years ago
Not reading her Miranda rights doesn't make the arrest unlawful. It only makes get statements prior to finally getting them read inadmissible.
Assistant moderator to airmax1227. PM me with any questions or concerns!
drafterman
Posts: 18,870
Add as Friend
Challenge to a Debate
Send a Message
5/4/2013 10:50:20 PM
Posted: 3 years ago
The video has no sound, and I'm not sitting through 11 minutes of silence. So I am only going off of your depiction described below.

At 5/4/2013 10:23:06 PM, muzebreak wrote:
A 20yr old Alaskan woman named Skylar Waite was arrested not long ago.Now while this doesn't seem to be a particularly special occurrence, not only did the officer only state a reason for arresting her after they had already put her in their truck. Completely ignoring her pleas to know why she is being arrested. But the officer stated it was "for disorderly conduct at this point". I wasn't aware officers were aloud to come up with a reason to arrest someone, after the fact.

If you are arrested on a warrant, then it must be based on some specific charge and probable cause. However, there are many cases where an officer can arrest you without a warrant, and it is up to them to decide what the crime is they are arresting you for and whether or not it meets the conditions of an arrest without a warrant.

You have the right to know why you are being arrested, but I don't see that the police are beholden to tell an arrestee immediately upon being asked. It seems reasonable that they would wait until the arrestee was secured in the back of the car before answering said questions.


The officer who initiated the arrest also accused the woman of drug abuse several times, because he found marijuana in her room. Marijuana is legal to have in a private residence in Alaska.

The law is a fickle thing. I'm sure there are bound to be constraints on that.


When the officer is finally about to leave, the woman steps behind him to close the door, the officer turns around and pushes the woman into a near by table. He then throws her to the ground and cuffs her. All of the being unprovoked.

Which is police abuse, certainly.


To top this whole orwellian sundae off with a cherry, they never read her, her miranda rights.

Did they question her? This isn't TV, where you read someone their rights immediately upon arresting them. Miranda rights are to be read upon detainment and interrogation and, even then, the police are allowed to ask cerain basic questions that don't require Miranda.

This alone makes the entire thing unlawful, yet she is being charged with 4th degree assault of a police officer, resisting arrest, and disorderly conduct. Here is the youtube video filmed by her sister.

Whether or not the arrest is lawful depends on whether or not the police officer had probably cause. If the arrest was without a warrant, then it must meet whatever the local conditions are for a warrant-less arrest.

As far as I'm aware, policy brutality does not, in itself, get you off. After all, how the police treat you has little to do with whether or not you actually committed a crime. At best, it puts her in a position to take civil action against the police department.

If Miranda is warranted and they didn't give it, again, you don't get off. They just simply can't use whatever you said as evidence, and, even that isn't absolute. Only statements made as a result of a Miranda-less interrogation would be inadmissible. Anything she said of her own volition would still be admissible. You can't go to the cops and confess a crime, then expect to get off because they didn't read you your rights.

"Orwellian" is a bit far fetched her. The only apparent issue is the rough treatment which, I agree, is a serious issue and the officers should be disciplined. But many police offers are thugs. Many police officers became police officers because they are thugs. That doesn't make the arrest unlawful.
muzebreak
Posts: 2,781
Add as Friend
Challenge to a Debate
Send a Message
5/4/2013 10:51:13 PM
Posted: 3 years ago
At 5/4/2013 10:47:34 PM, bladerunner060 wrote:
Not reading her Miranda rights doesn't make the arrest unlawful. It only makes get statements prior to finally getting them read inadmissible.

Yeah, I realized this a few minutes ago. It also only has to be done before they interrogate her. My fault for basing my legal knowledge on tv and movies.
"Every kid starts out as a natural-born scientist, and then we beat it out of them. A few trickle through the system with their wonder and enthusiasm for science intact." - Carl Sagan

This is the response of the defenders of Sparta to the Commander of the Roman Army: "If you are a god, you will not hurt those who have never injured you. If you are a man, advance - you will find men equal to yourself. And women.
royalpaladin
Posts: 22,357
Add as Friend
Challenge to a Debate
Send a Message
5/4/2013 10:51:53 PM
Posted: 3 years ago
The police and prosecutors will do whatever nonsense they please. All interactions that the police have with suspects need to be videotaped to curb destructive behavior, and prosecutors should not have immunity if they purposely withhold evidence that indicates that the person they are jailing is innocent.
drafterman
Posts: 18,870
Add as Friend
Challenge to a Debate
Send a Message
5/4/2013 10:53:04 PM
Posted: 3 years ago
At 5/4/2013 10:47:34 PM, bladerunner060 wrote:
Not reading her Miranda rights doesn't make the arrest unlawful. It only makes get statements prior to finally getting them read inadmissible.

Only if the statements were solicited by the police. Voluntary statements do not require Miranda warnings.
muzebreak
Posts: 2,781
Add as Friend
Challenge to a Debate
Send a Message
5/4/2013 11:04:44 PM
Posted: 3 years ago
At 5/4/2013 10:50:20 PM, drafterman wrote:
The video has no sound, and I'm not sitting through 11 minutes of silence. So I am only going off of your depiction described below.

Sorry bout that, here is one with sound.


At 5/4/2013 10:23:06 PM, muzebreak wrote:
A 20yr old Alaskan woman named Skylar Waite was arrested not long ago.Now while this doesn't seem to be a particularly special occurrence, not only did the officer only state a reason for arresting her after they had already put her in their truck. Completely ignoring her pleas to know why she is being arrested. But the officer stated it was "for disorderly conduct at this point". I wasn't aware officers were aloud to come up with a reason to arrest someone, after the fact.

If you are arrested on a warrant, then it must be based on some specific charge and probable cause. However, there are many cases where an officer can arrest you without a warrant, and it is up to them to decide what the crime is they are arresting you for and whether or not it meets the conditions of an arrest without a warrant.

If it helps, the officers were on the property due to a false 911 call, alleging that there was someone overdosing on a unknown number of pills. The officers were informed no such event was taking place, and remained for as of yet unknown reasons.


You have the right to know why you are being arrested, but I don't see that the police are beholden to tell an arrestee immediately upon being asked. It seems reasonable that they would wait until the arrestee was secured in the back of the car before answering said questions.

Yeah, after some research I have come to the same conclusion. In the part of Canada I'm from, the law is that you are obligated to inform someone of the reason for their arrest if and when they request it. I assumed the same for the US.



The officer who initiated the arrest also accused the woman of drug abuse several times, because he found marijuana in her room. Marijuana is legal to have in a private residence in Alaska.

The law is a fickle thing. I'm sure there are bound to be constraints on that.

The marijuana was a non-issue beyond the fact that the womans mother was a felon, and so could not be in possession of it. The officer asked if it belonged to her mother, she said no. The officer called her a drug abuser several times, and when the woman disagreed he stated that she was in denial.



When the officer is finally about to leave, the woman steps behind him to close the door, the officer turns around and pushes the woman into a near by table. He then throws her to the ground and cuffs her. All of the being unprovoked.

Which is police abuse, certainly.


To top this whole orwellian sundae off with a cherry, they never read her, her miranda rights.

Did they question her? This isn't TV, where you read someone their rights immediately upon arresting them. Miranda rights are to be read upon detainment and interrogation and, even then, the police are allowed to ask cerain basic questions that don't require Miranda.

Yeah, I should really know better then to base my knowledge of the law off of the show cops.


This alone makes the entire thing unlawful, yet she is being charged with 4th degree assault of a police officer, resisting arrest, and disorderly conduct. Here is the youtube video filmed by her sister.

Whether or not the arrest is lawful depends on whether or not the police officer had probably cause. If the arrest was without a warrant, then it must meet whatever the local conditions are for a warrant-less arrest.

As far as I'm aware, policy brutality does not, in itself, get you off. After all, how the police treat you has little to do with whether or not you actually committed a crime. At best, it puts her in a position to take civil action against the police department.

If Miranda is warranted and they didn't give it, again, you don't get off. They just simply can't use whatever you said as evidence, and, even that isn't absolute. Only statements made as a result of a Miranda-less interrogation would be inadmissible. Anything she said of her own volition would still be admissible. You can't go to the cops and confess a crime, then expect to get off because they didn't read you your rights.

"Orwellian" is a bit far fetched her. The only apparent issue is the rough treatment which, I agree, is a serious issue and the officers should be disciplined. But many police offers are thugs. Many police officers became police officers because they are thugs. That doesn't make the arrest unlawful.

Fair enough. This whole thing was a bit knee-jerk of me.
"Every kid starts out as a natural-born scientist, and then we beat it out of them. A few trickle through the system with their wonder and enthusiasm for science intact." - Carl Sagan

This is the response of the defenders of Sparta to the Commander of the Roman Army: "If you are a god, you will not hurt those who have never injured you. If you are a man, advance - you will find men equal to yourself. And women.
bladerunner060
Posts: 7,126
Add as Friend
Challenge to a Debate
Send a Message
5/4/2013 11:11:15 PM
Posted: 3 years ago
At 5/4/2013 10:53:04 PM, drafterman wrote:
At 5/4/2013 10:47:34 PM, bladerunner060 wrote:
Not reading her Miranda rights doesn't make the arrest unlawful. It only makes get statements prior to finally getting them read inadmissible.

Only if the statements were solicited by the police. Voluntary statements do not require Miranda warnings.

True. But there's a fine distinction. Though any statements made after arrest are probably going to be considered non-voluntary or interrogatory.

A better way to phrase it would be :

Not reading her Miranda rights doesn't make the arrest unlawful. It only makes statements made prior to mirandization of questionable admissibility.
Assistant moderator to airmax1227. PM me with any questions or concerns!