Comments on: Deputy Convicted Of Battery

By: lawman

lawman — Thu, 26 Jan 2012 05:34:28 +0000

David now I agree with you, many deputies don’t care and put forth the effort to put together a case so the state has an open shut case.

By: David Huie Green

David Huie Green — Wed, 25 Jan 2012 19:20:14 +0000

REGARDING:
“a person need not be informed of their rights just merely because they are “Detained” by definition of the fourth amendment. A detention vs an arrest require different sets of rules and tactics. A persons Miranda warnings do not need to effected until a person is being put in a spot to which they could possibly incriminate themselves. ”

Suit yourself, but if failure to read Miranda rights results in guilty people being released to prey upon other common citizens, I will regret it was not done as will the future victims. I’m not as concerned with the rights of predators as I am with the safety of their potential prey. Sometimes those charged with stopping predators seem to become predators themselves, but I’m assuming good faith actions here.

David for protecting the weak

By: Jim W

Jim W — Tue, 24 Jan 2012 22:50:06 +0000

Sounds to me like the guy lost it. As hard as the LE works they do not need people like him representing them, their department. And, furthermore we the people don’t want people like representing us either. So far as the others they too should be accountable for this incident. To stand back and allow this to happen is to condone it just as if they had done it themselves. I hope they are charged as well. None of us on either side wants nor needs this to happen. The police or the citizens.
Just saying if your wrong then you pay for it. If you can’t show respect when you are representing the enforcement then move on and get another job that you can handle. You do not have to inflict harm upon someone to show how supreme you think you are.

By: lawman

lawman — Tue, 24 Jan 2012 20:41:40 +0000

Dear Mr.green, I understand that you take your time In posting that incredible response, however there are some things you are missing. Being a law enforcement officer with ecso, and an avid reader of case law, my follow common citizen, a person need not be informed of their rights just merely because they are “Detained” by definition of the fourth amendment. A detention vs an arrest require different sets of rules and tactics. A persons Miranda warnings do not need to effected until a person is being put in a spot to which they could possibly incriminate themselves. The reason this was brought up was because the article had mentioned something related to this topic. I do not condone McArthur s actions, and his actions are what places a bad name to the rest of us.

By: Lisa

Lisa — Tue, 24 Jan 2012 00:28:34 +0000

I totally agree that the others that’s stood there and just watched are just as quilty as deputy mcarthur! I dont understand why the Sherrif felt they did no wrong. From what I understand, one of them (that stood and watched), resigned right after this all took place or right after this all came out, can’t remember exactly when. Since the deputy has been convicted, does that mean he will not be able to be a deputy anymore? Was he on unpaid leave?

By: Cantonment Queen

Cantonment Queen — Mon, 23 Jan 2012 02:12:55 +0000

Ok so when this all started I seen the tape over, and over, and over again. I’m glad that police are finally being held accountable for miss use of their authority……..BUT what about the other people??? The video shows McArthur walk in with Johnson and it shows other jail staff too. They stand right there in sight of the camera as Johnson lays there bleeding and they never go to his aide either…..aren’t they just as guilty?? Or does guilt by assosciation only apply to us “common folk” with no badge?!?

By: charlie w.

charlie w. — Sun, 22 Jan 2012 10:43:49 +0000

Now, will there be a cover up by the sheriff? This “deputy” was caught, convicted, and will be sentenced. Will he be dismissed or given a metal?

By: christy

christy — Sun, 22 Jan 2012 09:02:47 +0000

same happens in Alabama they think they think just because they have a badge and gun they can get away with alot of things and abuse it and talk to people in the most disrespectable ways.there are some that do there job well and some who are crooked themselves,i think they should re do all of them and get the bad ones out and leave the good ones on.people in these jails&prisons get treated unfairly.i know from experience.just saying

By: David Huie Green

David Huie Green — Sun, 22 Jan 2012 03:57:07 +0000

REGARDING:
“- – - common citizens have a misconception about ” reading them their rights”.
Just because you are arrested and put in a cop car or even taken to jail and the officer never talks to you, your Miranda rights do not have to be read. Only when you are being asked questions that would incriminate oneself.”

I’m not sure why anyone thinks Miranda rights come into play in this case, but then I’m just a common citizen and stay confused most of the time anyway. I have heard of statements being thrown out after arrest but before reading of Miranda rights, though, so I checked it out and noticed from http://usgovinfo.about.com/cs/mirandarights/a/mirandaqa.htm :

“Q. Can police arrest or detain a person without reading them their Miranda rights?
A. Yes, but until the person has been informed of his or her Miranda rights, any statements made by them during interrogation may be ruled inadmissible in court.”

Also:

“Q. At what point are police required to inform a suspect of their Miranda rights?
A. After a person has officially been taken into custody (detained by police), but before any interrogation takes place, police must inform them of their right to remain silent and to have an attorney present during questioning. A person is considered to be “in custody” anytime they are placed in an environment in which they do not believe they are free to leave. Example: Police can question witnesses at crime scenes without reading them their Miranda rights, and should a witness implicate themselves in the crime during that questioning, their statements could be used against them later in court.”

(So putting them in the back seat in hand cuffs counts. The fellow probably figured out he was under arrest.)

David for being on the safe side

By: lawman

lawman — Sat, 21 Jan 2012 23:18:57 +0000

I guess common citizens have a miss conception about ” reading them their rights”. Just because you are arrested and put in a cop car or even taken to jail and the officer never talks to you, your Miranda rights do not have to be read. Only when you are being asked questions that would incriminate oneself.