Free Republic
Browse · Search
News/Activism
Topics · Post Article

To: mykdsmom
Too bad for the prosecutors but even non English speaking citizens are protected by the 4th Amendment prohibiting unreasonable search and seizure.

The Police cannot jump to the PBT, they must first establish probable cause through the Field Sobriety Tests. If the driver cannot understand English, then how can he follow the instructions for the officer to say the driver failed the FST?

Perhaps we should make it a crime for a person not to speak English. Then we wouldn't have to worry about the silly Constitutional protections.

Flame suit on.

13 posted on 11/13/2003 7:17:30 AM PST by wi jd
[ Post Reply | Private Reply | To 1 | View Replies ]


To: wi jd
So what solution to this would you offer?

MKM

16 posted on 11/13/2003 7:19:28 AM PST by mykdsmom
[ Post Reply | Private Reply | To 13 | View Replies ]

To: wi jd
If someone can not understand basic English, I do not believe he has any business driving in this country! How the He!! can you pass a written test on the law if you can not understand English? Oh, that's right, the tests are now available in whatever language the testee wants. What a crock!

My brother is a police officer in a jurisdiction that has a lot of Hispanics as well as other minorities. The biggest problem the police have in dealing with the ethnic types is that they will conveniently "forget" how to speak English. Then, all they need is a liar-for-hire or a crusading public defender to claim the poor dumba$$ furriner couldn't understand the cop's instructions.
21 posted on 11/13/2003 7:33:28 AM PST by RebelBanker (Deo Vindice)
[ Post Reply | Private Reply | To 13 | View Replies ]

To: wi jd
Total B.S. assumptions
Many hispanics in the US have a passable understanding of English - but it escapes them whenever conveniet such as a fender benders, etc.
In Calif, there is a long & rich history of the condition dating back more than 50 years.
31 posted on 11/13/2003 7:58:44 AM PST by AlBondigas
[ Post Reply | Private Reply | To 13 | View Replies ]

To: wi jd; RebelBanker; MNLDS
From the article:
"How would they like to be treated if they were in a foreign country and someone took them to jail?" Childers asked. "But after he's charged, the magistrate provides information in Spanish, and when he goes to court, there's an interpreter."
I've been hauled off to the "station" in South America for no good reason other than that I was minding my own business. I, too, used the "no speekie inglishee" defense, and spoke only in English to the peppering in Spanish over why I didn't have a proper in-country I.D. on me (this happened to me in Belgium, too, so it ain't just a back-ass banana republic thing). When they tried to speak to me in English, I pretended that I couldn't understand.

No difference between me and this guy in that I broke a law, in my case that of carrying proper identification. I walked out after three hours of hopeless discussion on their part, all of which I understood. They were just messing with me, enjoying their power until it was no longer any fun. I hid behind the language barrier. That's what this guy did, whether real or not.

Not much sympathy for him from over here.

Oh, and note that the attorney does his thing in English.

MNLDS -- I got out of various warranted or otherwise stops by the police in South America by either speak or not speaking the language when convenient. The best one was to invoke the United Nations Special Charter no. 54-875, section ii, regarding reciprocity driving privileges for diplomats and authorized speeders in home countries, or some such nonsense. Say "United Nations," and they stand attention. Say "American" and they want a bribe.

35 posted on 11/13/2003 8:20:49 AM PST by nicollo
[ Post Reply | Private Reply | To 13 | View Replies ]

To: wi jd
Perhaps we should make it a crime for a person not to speak English. Then we wouldn't have to worry about the silly Constitutional protections.

What about Miranda rights? What if a non-English speaking defendant in a criminal case claims not to have understood the Miranda rights that were read to him in English? Would you consider that sufficient grounds for dropping the charges or finding the defendant not guilty?

41 posted on 11/13/2003 9:33:08 AM PST by BlackRazor
[ Post Reply | Private Reply | To 13 | View Replies ]

Free Republic
Browse · Search
News/Activism
Topics · Post Article


FreeRepublic, LLC, PO BOX 9771, FRESNO, CA 93794
FreeRepublic.com is powered by software copyright 2000-2008 John Robinson