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 Post subject: Re: Attitude, Going In!
 Post Posted: Fri 27 Jan 2012 08:23 
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LuVonda wrote:
When you have been in this business for more than a minute please feel to direct me . . . Until then I suggest you do some reading here.


Howdy Again!
That's a valid statement and I concur, provisionally.

Maybe if I could have been a member of this forum for more than a minute before some folks decided to get snarky, maybe I'd have enjoyed the opportunity to do more reading and less rebuttal.

As a brand spanking new agent, and newcomer to this forum, I certainly didn't expect the lack of civility that I've experienced here. Ya'll treat all newcomers this way, or is it just something special just for me?

The majority of folks here have been real nice, or at least civil in their comportment. A very few notable exceptions have seemed interested only in picking an argument.

So maybe if I could be here more than a minute without being subjected to that sort of attitude going in (title of the thread... ain't it cool how I worked that in?) perhaps you'd discover that I'm a pretty decent human being and given half a chance, likely to become a valued contributor to this forum.

I ain't never claimed to be anything I ain't, nor that I know much about this business to commence with. I've been forthright about being a tenderfoot in bounty hunting, and how I went about arriving at this particular juncture. I am who I am. What you see is what you get.

So yeah, I expect to learn here. Assuming I get the chance.
I expect to share insights along the way as I learn and gain experience. I have opinions, just like everybody else, and they won't always be right. I don't mind healthy debate and can stand my own ground pretty well. But the snarky stuff? Please!

Folks who get to know me tend to enjoy having me for a sidekick. I've got a good sense of humor and am a loyal friend. But ya gotta give a guy a chance to get to know; which some haven't bothered.

Hope we can just see eye-to-eye on a bit of civility, and we can get along just fine. I don't recall handing out any incivility to others, so don't much appreciate receiving any when I don't see any call for it.

Thanks for the read!
Mel

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division of Colorado Bounty Hunter LLC
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 Post subject: Re: Attitude, Going In!
 Post Posted: Fri 27 Jan 2012 09:21 
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In our business, we don't arrest people, we re-arrest them because the apprehension is an extension of the original arrest. This is also why there is no Miranda requirement. (Miranda v. AZ 1966)



Scott M. makes an excellent point here as it relates to Miranda Rights, first and foremost we are not law enforcement pre-se so we have no duty to advise a fugitive of his legal rights. So anything the fugitive utters to you can be used against him, unless his attorney tries to invoke the Hearsay Rule or unless you were acting as an agent for the police.

This was the crux of the issue in Miranda v Arizona. In 1963, Ernesto Miranda was accused of kidnapping and raping an 18-year-old, mildly retarded woman. He was brought in for questioning, and confessed to the crime. He was not told that he did not have to speak or that he could have a lawyer present.

At trial, Miranda's lawyer tried to get the confession thrown out, but the motion was denied. In 1966, the case came in front of the Supreme Court. The Court ruled that the statements made to the police could not be used as evidence, since Miranda had not been advised of his rights.

Since then, before any pertinent questioning of a suspect is done, the police have been required to recite the Miranda warning. The statement, reproduced below, exists in several forms, but all have the key elements: the right to remain silent and the right to an attorney. These are also often referred to as the "Miranda rights." When you have been read your rights, you are said to have been "Mirandized."

Note that one need not be Mirandized to be arrested. There is a difference between being arrested and being questioned. Also, basic questions, such as name, address, and Social Security number do not need to be covered by a Miranda warning. The police also need not Mirandize someone who is not a suspect in a crime.

As for Ernesto Miranda, his conviction was thrown out, though he did not become a free man. The police had other evidence that was independent of the confession, and when Miranda was tried a second time, he was convicted again. After release from prison, Miranda was killed in a barroom brawl in 1976.

Two earlier cases involving police activity and the rights of individuals clearly influenced the Supreme Court in the Miranda decision:

Mapp v. Ohio (1961): Looking for someone else, Cleveland, Ohio Police entered Dollie Mapp's home. Police did not find their suspect, but arrested Ms. Mapp for possessing obscene literature. Without a warrant to search for the literature, Ms. Mapp's conviction was thrown out.

Escobedo v. Illinois (1964): After confessing to a murder during questioning, Danny Escobedo changed his mind and informed police that he wanted to talk to a lawyer. When police documents were produced showing that officers had been trained to ignore the rights of suspects during questioning, the Supreme Court ruled that Escobedo's confession could not be used as evidence.


I am not an attorney but I did stay at the Holiday Inn last night… :wink:

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 Post subject: Re: Attitude, Going In!
 Post Posted: Fri 27 Jan 2012 09:33 
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Wow,

This can go on forever. I must make one correction, the law you posted on California is in correct in 2 ways.

1) It has expired and is no longer in effect.

2) There was never any license issued. It required the BH to take 3 separate courses and carry proof of completion. Those were not licenses.

So as many have said in the past, double check your facts.


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 Post subject: Re: Attitude, Going In!
 Post Posted: Fri 27 Jan 2012 09:36 
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Thanks
Gene, I did not xpand because it would have prolonged an already tireless discussion.

Scott

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 Post subject: Re: Attitude, Going In!
 Post Posted: Fri 27 Jan 2012 09:38 
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tsuggs wrote:
Wow,

So as many have said in the past, double check your facts.


Howdy Pard!
Yep! Got that message. Consider the time of day I posted that thing, and you'll maybe understand where errors were not unexpected.

The point I wanted to make, however, was in regard to the word "arrest" more than anything else. In that respect, even an expired law indicates the intent.

Anyhow, I ain't fixing to do another treatise anytime soon. That one took a whole lot of startch to begin with! LOL!

Just to ask for my edification... Why do the folks who teach bounty hunting in California call it "Prelicensing Requirement" if there ain't no license to accomodate the prelicensing requirement? Am I missing something there?

Thanks Again for the Chat!
Mel

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CDOI 2011-117
Colorado Private Investigator,
DORA PI10000052

Athame Investigations,
division of Colorado Bounty Hunter LLC
Aurora, Colorado
303-343-7111 Office
303-319-1077 Cell
303-366-3189 Fax


Available for Fugitive Recovery, Process Service, Investigation and Legal Courier Service.


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 Post subject: Re: Attitude, Going In!
 Post Posted: Fri 27 Jan 2012 09:47 
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Quote:
So yeah, I expect to learn here. Assuming I get the chance.


Just one comment.... learn to overlook posts that piss you off.... learning when mad is impossible... in martial arts it is referred to as "deflect and redirect" a talent that will go far in helping you in life, not just karate or whatever art you study. I am old and cannot run or kick, but I have pretty fast hands and I strive to 'deflect and redirect' and that is what keeps me from getting my tail beat... at least most of the time.... that ability can be applied in life as well.

"Pay no attention to the man behind the curtain" was a quote from 'Wizard of Oz' and can be applied in a wide variety of scenarios... life in general.

Your 'chance to learn' is controlled totally by you... you dictate how you react to every approach that is made on you... whether it is physical, emotional, true or imagined... you control how you react. If you choose to get mad and pissed off and run away.. you have very likely 'cut off your nose to spite your face'... People piss me off daily but I work very hard to control my reaction... it is a leaned ability... not easy, very difficult but when mastered can go far in helping a person learn.

I heard a good quote yesterday... Dr. Phil (sometimes he does say stuff that makes sense... sometimes)... he said, and it has been said before.... "a person is weakest when they are mad"... very true... the best boxers and martial arts fighters are the ones that stay cool in the ring.... absolutely true...

Just one more item... don't split hairs... look at a thought in general and don't pick it apart on semantics... it is usually the overall thought that has meaning... not the individual words used in its description... wow... was that abstract or what.???????? 8)


So how was that for wisdom... hope it meant something.

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 Post subject: Re: Attitude, Going In!
 Post Posted: Fri 27 Jan 2012 09:48 
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Mdbtyhtr wrote:
Thanks
Gene, I did not xpand because it would have prolonged an already tireless discussion.

Scott



You are welcome Sir, you may already know this but the Escobedo case lead to a movie and a very popular police-detective television show in the 70’s. “Who Loves you baby”

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 Post subject: Re: Attitude, Going In!
 Post Posted: Fri 27 Jan 2012 09:52 
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Sitting here sucking on my lollipop and scratching my bald head pondering your last post Gene...

Scott

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"Leaders are like Eagles, you never see them in a flock, but one at a time"

Chesapeake Group Investigations, Inc.
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877-574-0500
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 Post subject: Re: Attitude, Going In!
 Post Posted: Fri 27 Jan 2012 10:01 
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Quote:
But if not, how can an FRA be charged with false arrest if they haven't performed the act of 'arresting' somebody to start with?



Here, one would be charged with Unlawful Imprisonment and or Kidnapping . . . However not a "False Arrest" charge

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 Post subject: Re: Attitude, Going In!
 Post Posted: Fri 27 Jan 2012 10:06 
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a very popular police-detective television show in the 70’s. “Who Loves you baby”

Kojak... I do believe. Great show... his famous line...

... is that lollipop... raspberry?

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"FREE STATE BAIL BONDS"
"FREE STATE INVESTIGATIONS"

DCJS: 99-176979
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"Endeavor to Persevere" "Lone Watie"

"Good judgment comes from experience, and a lot of that , comes from bad judgment" "Will Rogers"


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