Lawyer arrested in NJ for "remaining silent".

https://www.youtube.com/watch?v=_cx2Fkp6Cmw


http://nj1015.com/right-to-remain-silent-woman-says-that-got-her-arrested-by-nj-trooper/


"Dashcam video has been posted of a woman being handcuffed and arrested by a state trooper after she refused to answer questions posed by officers during a traffic stop in Warren County.

In a federal lawsuit, Philadelphia attorney Rebecca Musarra claims her basic right to remain silent was violated during the Oct.16 traffic stop on Route 519 near the Pennsylvania border.

In the video, obtained by NJ Advance Media, Musarra is seen being asked several times by one of the officers if she knew why she was stopped.

“Do you not talk?” the trooper asks her. When she doesn’t respond, another officer used a flashlight to knock on the driver’s window and warned that she would be arrested if she didn’t respond.

After some back-and-forth, during which Musarra said her father is a former county prosecutor and during which she refuses to let go of her cell phone, she is told to get out of the car and is handcuffed.


WATCH: Did this woman have her civil rights violated during a traffic stop with NJ troopers? https://t.co/FDyNX5XN6E

— New Jersey 101.5 (@nj1015) May 5, 2016


“Are you detaining me because I refused to speak?” Musarra asks.

“Yeah,” the officer says, as he leads her to a patrol car. “Obstruction.”

The officer says “it didn’t have to go this way,” to which she replied “if only I didn’t exercise my rights.”

According to the American Civil Liberties Union, the right to remain silent dates back to two landmark Supreme Court decisions in Escobedo v. Illinois (1964) and Miranda v. Arizona (1966), the namesake of the “Miranda rights” that the police are required to inform suspects. Those rights, based on the Fifth Amendment right against incriminating oneself, include the rights to remain silent and to access an attorney.

Musarra’s suit said she was handcuffed to a bench while the supervisor reviewed the dashcam. She was ultimately released and told a “mistake had been made” which the officer chalked up on the rookie officer’s training.

The state has filed a motion to dismiss the case."

lol @ "Do you not talk?"

Legit question, maybe shes a mute.

In which case she wouldnt be able to respond verbally.

Guess she would have to hold up a sign or something.

Right to remain silent is a right you're afforded AFTER you're arrested, isn't it? Phone Post 3.0

CanadaDry - Right to remain silent is a right you're afforded AFTER you're arrested, isn't it? Phone Post 3.0


No.

And as I mentioned when this story first came out, the cops should be charged with kidnapping in addition to losing their qualified immunity, as this is a clear cut case of a cop willfully and knowingly violating a person's civil rights.  

He decided he was going to show her who's boss. He's such a big man. 

angryinch - 


And as I mentioned when this story first came out, the cops should be charged with kidnapping in addition to losing their qualified immunity, as this is a clear cut case of a cop willfully and knowingly violating a person's civil rights.  


Sorry if it was already posted.

I did a search and didnt find it.

:-/

CanadaDry - Right to remain silent is a right you're afforded AFTER you're arrested, isn't it? Phone Post 3.0


no



 



it's a right you always retain in any confrontation with anyone  both police, government, or civilian.



 



the important aspect of this story IF TRUE is



“Are you detaining me because I refused to speak?” Musarra asks.



“Yeah,” the officer says, as he leads her to a patrol car. “Obstruction.”



 



if true and recorded on any device or the police later admit to that (yeah right) she'll walk and have a huge lawsuit.



 



 



 



 

Before putting her in his car, do you think the cop told her "you have the right to remain silent"?

Do you think as he said that he realized he fucked up?

The sad part is that the taxpayers will be the ones who are truly punished.

McBottery - 

Before putting her in his car, do you think the cop told her "you have the right to remain silent"?

Do you think as he said that he realized he fucked up?


He does, it can be heard in the video.

So why was she originally stopped? Was there probable cause to stop her? Phone Post 3.0

DaveFu - The sad part is that the taxpayers will be the ones who are truly punished.


If a judge correctly rules that the cop is not protected by qualified immunity, she can sue the cop directly.  I'm sure the cop has insurance but maybe she can sue for an amount greater than his policy covers, which would mean that the cop would be forced to pay part of it out of his own pocket.  



But unfortunately, whatever amount the department and city are forced to pay will come from the taxpayers.  

Sounds like he was just trying to be an asshole. Douche. Phone Post 3.0

I'm not standing up for the cop. Just didn't find the reason for the stop. Did she run a red light? Was she speeding? Talking on her phone? Expired tags? Did the officer just pull her over because he felt like it? The police department admitting the officer screwed up and now is looking to have the case dismissed makes me think this lawyer has a nice judgement in her favor. Phone Post 3.0

Hey that's Skoogys Sports Bar in Belvidere on the other side of the road. Cops are there a lot trying to pull people over coming out of the bar. Phone Post 3.0

opieandjimmy - The woman is a douche

And so is the cop.

But I'll side with the woman on this. Phone Post 3.0


Why is the woman a douche?  If we're not supposed to exercise our rights, wtf is the point of the constitution?



Don't forget, cops swear an oath to enforce and uphold the law.  The law says people have the right to remain silent and do not have to talk to cops or answer cops' questions.  As such, because the cops swore an oath to uphold that law, they should be going out of their way to ensure that if the woman does not want to answer their questions, her right to do that is completely protected.



Instead, what we see all too often is cops swearing an oath to protect people's rights, then immediately looking for ways to violate those rights.   Very ironic.  



And lol @ the chief claiming a "mistake" was made, then blaming poor training.  He should be firing the cop and charging him with kidnapping and/or false arrest.  

FreightTrain -
McBottery - 

Before putting her in his car, do you think the cop told her "you have the right to remain silent"?

Do you think as he said that he realized he fucked up?


He does, it can be heard in the video.
Lol Phone Post 3.0

DaveFu - The sad part is that the taxpayers will be the ones who are truly punished.
That's the problem, we are bank rolling a gang. Phone Post 3.0

opieandjimmy - The woman is a douche

And so is the cop.

But I'll side with the woman on this. Phone Post 3.0
If people didn't go out of their way to be a 'douche' like this then our rights would go unchecked. I applaud this woman and hope she gets a huge settlement. Phone Post 3.0