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Questions for the DPD; Miranda rights?
Topic Started: Nov 1 2010, 09:31 PM (207 Views)
Quasimodo

http://johninnorthcarolina.blogspot.com/2006/07/duke-lacrosse-police-investigation_16.html


Am I off base to think that matters of when, how and whether the Duke lacrosse captains were read their Miranda rights are relevant? Also, I was under the impression that a reading of Miranda rights would apply to the 43 other Duke students required to submit to DNA testing and strip naked to the waist for Durham police photos.

But I can’t find any mention in the media of Miranda happening to the 43. Am I right or wrong about Miranda and the Duke captains? Or is that question best left to attorneys? What about the 43?



1) WHY did it take so long to get a search warrant ( reality is, the accuser statement alone combined with the VISUAL finding of diffuse edema is MORE THAN ENOUGH to get a search warrant) The normal process is to send a unit to secure the scene- CALL a judge( wake him up if needed) get a VERBAL and start searching ( I have done this in LESS than 30 minutes)

2)WHY was Kim ( who was NAMED as an assailant) NOT arrested? [Great question for the Raleigh News & Observer. ]

3) why were the SUSPECTS not arrested or FORMALLY questioned ( as to alibis etc)

If the police, DA Nifong and Nifong’s friend and mentor, Judge Ron Stephens, ascribed any real credibility to the accusers allegations, why were the students allowed to walk free among us for weeks?

4)WHY was a sketch artist NOT called ( she gave names and descriptions) and those SKETCHES distributed and a HUMAN line up NOT conducted ( DPD CANNOT say they didnt know who the players were and none of them seem to match HER descriptions)

5)WHY does the DPD have HER computer? ( since she didnt know Kim or ever had meetings with the Duke people- I see it as IMPOSSIBLE she would have information about them PLUS even if she DID- she is the AV- NOT a SUSPECT- why do they have it?)

6)WHY was this "mystery" fourth person just "ignored" ( from the line up)

7) WHY so MANY line ups?

8) WHY didnt the DPD get a FULL list of attendees of the party and FORMALLY question them?

9) WHY does Nifong want the personal information of UNINDICTED players?

10 WHAT was the cabbie arrested for ( was he charged in that other incident? was it a bench warrant? ) and WHY were INVESTIGATORS doing the arresting ( thats normally a DEPUTY'S job)


This is really a very simple case ( the AV is known, the suspects are, witnesses are, all forensic evidence has been collected etc) yet the DPD has violated almost every generally accepted procedure used in every jurisdiction in the US

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Quasimodo

Quote:
 
WHY does the DPD have HER computer?


What were they "protecting"?

What was Judge Stephens "protecting" on the cell phone?

(And why wasn't anyone in the media interested in this?

Who were the other names (if any) on the computer/cell phone; and what was
their reaction during the Frame? Does that explain their reactions? If they
were subject to possible blackmail--implied or otherwise--about the case,
then doesn't that call for an investigation by an outside authority?
Edited by Quasimodo, Nov 1 2010, 09:45 PM.
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Quasimodo

Two answers in Poster Comments about Miranda rights:

Quote:
 
However... you are going off on a mistaken tangent about the meaning of "Miranda rights". They simply do not apply in this case unless there are verbal STATEMENTS made while in a CUSTODIAL INTERROGATION that the defense is looking to supress. Here, there are none. DNA tests are not statements. Constitutional rights certainly are triggered, but not Miranda. Moreover, we've all heard the story about the defense attorneys meeting with all 43 of the team members, and how they all willingly drove down to submit to DNA testing and clear their names. This was clearly NON-custodial.

There's a reason why we haven't seen a motion to suppress confessions or statements made in violation of Miranda - because Miranda does not apply here. Focus on the line-up procedures. If this case gets dismissed in pre-trial, it will be because the line-up identifications get tossed out. That's the pretrial batteground.


The second Poster Comment:

Quote:
 
Basically, ALL Miranda warnings must meet the criteria established by the USSC ( the actual WORDS) may differ but they have to cover all the tenets- Miranda applies to questions/answers during OFFICIAL interviews- it MUST be administered prior to questioning and i have seen many departments do it at the point of arrest ( just to be sure) I have also seen some require signed statements, video, audio etc ( remember, if a suspect VOLUNTEERS information- Miranda is NOT required)From everything I see- these are non custodial thus exempt from Miranda requirements

As to the rest ( this is where an attorney would be better able to explain in detail and when i was on the line- DNA was not a science then so I personally never dealt with it)It is my UNDERSTANDING that a judge can compell a suspect to provide a DNA sample ( back in my day- a blood sample for typing)and in every instance i was involved in, the suspect was offered the opportunity for a lawyer and was mirandized prior to the test ( "just in case")- I am not familiar with the current laws since DNA so a lawyer needs to give you the current info there but in my day, physical evidence obtained under order was not considered a 'statement" ( thus not under Miranda)but many lawyers argued it under the 5th ammendment ( personally, I expect the DNA to be excluded as fruit of the poison tree because we now know the statements used to compell the tests were less than accurate)
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Quasimodo

Another relevant Poster Comment:

Quote:
 
I asked a lawyer friend of mine for his opinion way back and he mirrored my own- a DA uses a GJ when they feel they have a "weak case" ( if LE has evidence- they dont need a GJ to arrest and a DA with a strong case doesnt need a GJ indictment)


Again, didn't anyone in the media think of this?
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