From: le@lekno.ws   
      
   J.D. Baldwin  wrote:   
   >   
   > In the previous article, Louis Epstein   wrote:   
   >> > Both counts of witness tampering relate to instructions Robinson   
   >> > relayed to his live-in boyfriend, a transgender man, directing him   
   >> > to delete his text messages and to stay silent if police   
   >> > questioned him.   
   >>   
   >> [...]   
   >>   
   >> Is advising someone to exercise a Miranda right tampering?   
   >   
   > No. But telling someone "Don't tell the police what you know about me   
   > and the things I have admitted to you" is pretty far afield from what   
   > Miranda dictates[1]. And asking someone to delete existing text   
   > messages is definitely solicitation of evidence destruction, not at   
   > all protected by any constitutional right.   
      
   I was of course alluding to the "and to stay silent if police   
   questioned him",not the deletion of text messages.   
      
   > [1] You're not talking about "Miranda rights," anyway, there really   
   >     isn't any such thing. Miranda is a court decision that says the   
   >     cops have to give you free legal advice before a "custodial"   
   >     questioning. Your Fifth and Sixth Amendment rights are completely   
   >     independent of, and pre-date, the Miranda decision.   
   >   
   >     (Which, BTW, wasn't even the point of the Miranda decision. It's a   
   >     bit of a long and weird story, but the affirmation of Miranda in   
   >     Dickerson v. U.S. is the real controlling law. One of the more   
   >     bizarrely nonsensical bits of jurisprudence to come out of the   
   >     Supreme Court, even by Warren Court standards.)   
      
   -=-=-   
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   at least as tall as before...or terror has triumphed.   
      
   --- SoupGate-Win32 v1.05   
    * Origin: you cannot sedate... all the things you hate (1:229/2)