Good police work or invasion of privacy... Or?

[Dyakovo]

No translation possible due to spelling errors.

What spelling errors? Online translation won't work, you need someone who actually speaks the language. And I do.

Beats me... The only Spanish I know is: "¡Mis pantalones locos son muy fuertes!". As to your claim, well, I don't believe you.

[Samuraikoku]

How would you like me to prove it?

And your sentence means "My crazy pants are very strong!"... nonsensical.

[Dyakovo]

1 and 2: You source fails.
3: And you are wrong. If they work completely different from how Miranda Rights actually work and apply then they are not Miranda Rights.

1 and 2: Okay then, what other source would you like me to give to you?

3- If Miranda rights can work for arrests they can work for searches too. That is how it would work here.

If you don't believe I'm from Argentina, I'll give you my IP, and you can trace it.⁴

186.63.25.199

1/2: One that actually supports what you are claiming.
3: No, they can't. Miranda Rights are specific to arrest/detention. If they aren't specific to arrest/detention then they aren't Miranda rights.
4: And my IP address is 85.30.252.174
*nods*

[Liriena]

Good police work!!!!

[Dyakovo]

And your sentence means "My crazy pants are very strong!"... nonsensical.

I know exactly what it means, and I know it is nonsensical. That is completely the point.

[Kobeanare]

Not here. Searches must ALWAYS be performed with a warrant, independently of consent. Besides, police wouldn't knock on people's doors saying "hi, would you let us do a search?". They'd rather get a warrant.

Where on earth do you live?

Searching without a warrant is quicker and can be done on less evidence, if the suspect consents to the search. Plenty of reason to do it.

[Samuraikoku]

1/2: One that actually supports what you are claiming.

Okay. I trust you believe in domain levels, right?

http://www.infoleg.gov.ar/

That is the official (.gov) legal database of Argentina. If you click on "Codigos" ("Codes"), it will lead you to all the codes we have. Among those is the "Código Procesal Penal de la Nación" ("Criminal Process Code"), which has the same exact text that you tried to translate.

[Dyakovo]

Not here. Searches must ALWAYS be performed with a warrant, independently of consent. Besides, police wouldn't knock on people's doors saying "hi, would you let us do a search?". They'd rather get a warrant.

Where on earth do you live?

Searching without a warrant is quicker and can be done on less evidence, if the suspect consents to the search. Plenty of reason to do it.

He claims he lives in Argentina.

[Kobeanare]

We'll be waiting, and while we do, if you would be so kind as to give me your name and badge number.

Officer Doreal. Badge number 5696. Please turn around and put your hands behind your back. It's important that you understand that you are being detained, but you are not under arrest. I am placing you in handcuffs for safety reasons. Thank you. Please take a seat over here on the curb, while we await the other officer.

Is that legal?

[Sibirsky]

Where on earth do you live?

Searching without a warrant is quicker and can be done on less evidence, if the suspect consents to the search. Plenty of reason to do it.

He claims he lives in Argentina.

I live on the moon.

Source

[Dyakovo]

He claims he lives in Argentina.

I live on the moon.

Source

I'm in Moscow. I even provided my IP address.
*nods*

[Samuraikoku]

I live on the moon.

Source

I'm in Moscow. I even provided my IP address.
*nods*

Is there any other proof I can give you?

[Dyakovo]

I'm in Moscow. I even provided my IP address.
*nods*

Is there any other proof I can give you?

None that I can think of, no.

[Sibirsky]

Officer Doreal. Badge number 5696. Please turn around and put your hands behind your back. It's important that you understand that you are being detained, but you are not under arrest. I am placing you in handcuffs for safety reasons. Thank you. Please take a seat over here on the curb, while we await the other officer.

Is that legal?

Yes.

[Samuraikoku]

Is there any other proof I can give you?

None that I can think of, no.

Yet I don't like being accused of ignorance and lying just because I can speak English and I know of the existence of Miranda Rights. I am a law school graduate in Buenos Aires, Argentina (graduated two months ago, currently looking for a job). I've given all proof I can give about the law I live under, and you refuse to believe. There is not much more I can do, but I didn't come here to make any enemies.

[Dyakovo]

None that I can think of, no.

Yet I don't like being accused of lying.

You'll get over it.

[Samuraikoku]

Yet I don't like being accused of lying.

You'll get over it.

Yeah, maybe I will. It's not like I have done anything wrong, I believe. Thanks for the consolation anyway.

[Flat Beats]

There's always a compromise, FREEDOM? OR SECURITY? I'm undecided =(

[Caninope]

1 and 2: You source fails.
3: And you are wrong. If they work completely different from how Miranda Rights actually work and apply then they are not Miranda Rights.

1 and 2: Okay then, what other source would you like me to give to you?

3- If Miranda rights can work for arrests they can work for searches too. That is how it would work here.

If you don't believe I'm from Argentina, I'll give you my IP, and you can trace it.

186.63.25.199

One that actually says that. Nothing about searches being legal if you give consent.

[Caninope]

I'm in Moscow. I even provided my IP address.
*nods*

Is there any other proof I can give you?

Relevant caselaw which explicitly says that searches conducted with the suspect's permission is illegal.

[Caninope]

None that I can think of, no.

Yet I don't like being accused of ignorance and lying just because I can speak English and I know of the existence of Miranda Rights. I am a law school graduate in Buenos Aires, Argentina (graduated two months ago, currently looking for a job). I've given all proof I can give about the law I live under, and you refuse to believe. There is not much more I can do, but I didn't come here to make any enemies.

I personally have no doubt that you live in Argentina if you claim it, because I have no reason to doubt it. I just doubt that Argentina law works that way.

[Samuraikoku]

Is there any other proof I can give you?

Relevant caselaw which explicitly says that searches conducted with the suspect's permission is illegal.

Okay. So far my doctrine says nothing about it. I'll look again at the jurisprudence.

I personally have no doubt that you live in Argentina if you claim it, because I have no reason to doubt it. I just doubt that Argentina law works that way.

Again the law says nothing about consent validating the search. But if I find anything I'll admit my own mistake if it turns out to be that way.

Edit: There's a case of an American in Argentina in 1986, named Reginald Rayford, who gave his consent on his house being searched, and they found pot. Turns out the search was illegal because there was no warrant anyway (that alone was enough to dismiss the sentence), and even if he had given his consent, he wasn't informed of what the consequences were. He was acquitted, by the Supreme Court no less.

http://www.abogadosradicales.com.ar/?p=343 --> RAYFORD, REGINALD R. Y OTROS S/ TENENCIA DE ESTUPEFACIENTES (ART. 6°, LEY 20771)) – CSJN – 13/05/1986

[Sunny Marionette]

Invasion of privacy. The police shouldn't be able to use those fingerprints. The suspect should have to volunteer the information.

[Caninope]

Relevant caselaw which explicitly says that searches conducted with the suspect's permission is illegal.

Okay. So far my doctrine says nothing about it. I'll look again at the jurisprudence.

I personally have no doubt that you live in Argentina if you claim it, because I have no reason to doubt it. I just doubt that Argentina law works that way.

Again the law says nothing about consent validating the search. But if I find anything I'll admit my own mistake if it turns out to be that way.

Well, it's the whole idea you're espousing. You seem to be saying that the state can only follow very narrow guidelines, when it seems (all over the world, not just in America) that the state has far more flexibility.

[Dyakovo]

Independent translation of Art 224 and 230...

Art. 224: If there were any motives or reasons to presume that at a determinate place there exist pertinent or related things to a felony, or that in said place the arrest of the presumed guilty party can be done, or that of any person who has evaded justice, the judge will, de facto, order the registering of said place.

Art. 230: The judge will order the search of a person, via decree, if there are substantial motives to presume that he/she is hiding related items pertaining to the crime on his/her body. Before intervening, he/she will be invited to reveal said items.

Searches will be done separately, respecting a person's privacy. If they are ordered on a woman, said searches will be made by anther woman.

The procedure will be recorded and signed by the presumed guilty party; in case of failed signature, the cause for it will be explained. The lack of cooperation from the person being searched will not be recorded, unless there were justified reasons to.

And he goes on to repeat: The lack of cooperation from the person being searched will not be recorded, unless there were justified reasons to.