OC: Written by B. Wright
10/10/20 = 5:5 We've got this!
Most often people are illegally deprived of their liberty, or separated from their liberty. The physical moment that Austin was removed from his property and in custody, he was removed from his liberty. When someone is in custody for 15 minutes, their natural resistance begins to breakdown. Any evidence collected during this time frame is inadmissible in court. This is a US Supreme Court Standard.
Miranda v. Arizona, 384 U.S. 436, 86 S.Ct. 1602, 16 L.Ed.2d 694 (1966)
Our holding will be spelled out with some specificity in the pages which follow but briefly stated it is this: the prosecution may not use statements, whether exculpatory or inculpatory, stemming from custodial interrogation of the defendant unless it demonstrates the use of procedural safeguards effective to secure the privilege against self-incrimination. By custodial interrogation, we mean questioning initiated by law enforcement officers after a person has been taken into custody or otherwise deprived of his freedom of action in any significant way.[4] As for the procedural safeguards to be employed, unless other fully effective means are devised to inform accused persons of their right of silence and to assure a continuous opportunity to exercise it, the following measures are required. Prior to any questioning, the person must be warned that he has a right to remain silent, that any statement he does make may be used as evidence against him, and that he has a right to the presence of an attorney, either retained or appointed. The defendant may waive effectuation of these rights, provided the waiver is made voluntarily, knowingly and intelligently. If, however, he indicates in any manner and at any stage of the process that he wishes to consult with an attorney before speaking there can be no questioning. Likewise, if the individual is alone and indicates in any manner that he does not wish to be interrogated, the police may not question him. The mere fact that he may have answered some questions or volunteered some statements on his own does not deprive him of the right to refrain from answering any further inquiries until he has consulted with an attorney and thereafter consents to be questioned." Bullet Point 8 https://www.courtlistener.com/opinion/107252/miranda-v-arizona/
In deciding whether a person was "in custody," we must examine both the presence and extent of physical and psychological restraints placed upon the person's liberty during the interrogation "in light of whether a `reasonable person in the suspect's position would have understood his situation' to be one of custody." * Griffin, 922 F.2d at 1347 (quoting Berkemer, 468 U.S. at 442, 104 S. Ct. 3138). Source: Paragraph 16 https://law.justia.com/cases/federal/appellate-courts/F3/289/496/483609/
"Inculpatory evidence is evidence that is used to cause blame to be imputed to;to incriminate. For example, inculpatory statement is a statement which attribute liability on the person making such statement. It incriminates or places guilt or responsibility on someone. Likewise, inculpatory evidence is evidence that establish the guilt of an accused. It indicates that a defendant committed a crime." Source: https://definitions.uslegal.com/i/inculpatory/
Inculpatory evidence is typically collected during an investigation that is seemingly a innocuous conversation, like the FBI sitting on Austin's couch discussing his YouTube channel and it's content. Suddenly, that information is within the first third of the "Complaint" that the Magistrate Judge Michelle Burns decided proved enough circumstantially to warrant an arrest.
The combination of the two of these is Judicial Malfeasance, Judicial Misconduct and Miranda Violations.
Due to the fact that the FBI had been in Austin's home prior, having that aforementioned innocuous conversation prior to his arrest, and the complaint that was later filed against Austin contained commentary from those conversations, this should have been referred to the District Attorney to draw up the charges. Failure to do so is a deprivation of due process.
At this point a motion to suppress Inculpatory Evidence, file a complaint with the court regarding the Judicial Misconduct and Malfeasance as well as the Miranda Violations would be my recommended course of action if I were his attorney, but I am not. .
@pennywisedawise @tarynq @kiimayer @qconsciousness @spirit-Admetos @wokemobile @seeleesea11 @invsecactof1951 @brianburns @ibor @quantum17 @binbash @qxpat @lasmokanostra @whatonearthq17 @alicekennedy @krishunter @dalec369 @memeteam17 @ibor @pauljosiesavill @thadrake @newparadigmtt @iq187 @txgodmotheriii @hivebuzz @steampunkmedia @steempress @steampeak @delso @lynds @steemityourway @truthstreammedia @steem-plus @fulltimegeek @frankbacon @franksComs @greatgaribaldi @envisible @q42 @littich @qxpat @exodesigns @digitalsoldier17 @ahough1706 @awakeninggreatly @fishface @forthesamuel @helloall2317 @indigosoul58 @isaacawesomov @jameswwg1wga @kristinaavalon @metatronscube @piriglion101 @roejanfootball @thadrake @tmcs.live
Hi! I am a robot. I just upvoted you! I found similar content that readers might be interested in:
https://www.law.cornell.edu/constitution-conan/amendment-5/miranda-v-arizona
TAKE THEM IN THIS CODON, @CHEETAH. THEY'RE THE ROT FOR THE CAR.
I'm not his attorney either. But in my Humble Opinion... His OWN Attorney, should not be his attorney.
You’re doing a Great JOB CHarms!
Love you sis! A true fighter 🤜🏼!!
I would have to agree that this whole scenario smacks of political process and not due process. The facts are clear that they have no real case against Mr. Steinbart and that this is the last stand of the old guard trying to thwart the efforts of Patriots to root out the corruption and treasonous behavior and put an end to these criminal activities. Being taken into custody by the very same actors who perpetrated all the fraud in the first place is a difficult position to be in. I truly believe that by doing this, the rogue agents have sunk their own ship by proxy thanks to all the evidence within the documentation that is now entered into this Federal court case, and that Mr. Steinbart has done nothing wrong and will be exonerated of all charges. Although I have witnessed these same players create false evidence and false witnesses in the past, again I believe that the evidence will show that they are the ones guilty of committing crimes and are now only acting to make an attempt at covering it up. Support for Austin Steinbart is huge among the people and is growing daily!
YOU MIGHT WANT TO KNOW THAT TYROAN SIMPSON IS THE ARCHITECT OF THE FIASCO. HE ADMITTED IT ON MY SHOW AND I HAD HIM ARRESTED FOR CHILD PORNOGRAPHY AND A LETTUCE WRAP THAT PULLED HIM INTO HIS "SECRET TAX" A FORCED LOOK... @TYROAN SETS AS THE "SUN" SHINING AT YOURANUS FOR A CHARM ON LIES-CAM...IT'S HIS APP-RENT-ACE LOOK. A T'RUMP'D ROAST TOASTING HIS CRYPTO NOVEL WHERE HE SHAKES HIS STICK AT YOU IN THE HOLE, AS @FRANKBACON.
LEARN ABOUT THE STORY IF YOU DARE.
He should be imprisoned indefinitely if he is still alive... people like this are the worst kind of fucked up. Anyone who hurts an innocent should receive the most severe punishment.
He most certainly WILL be, @steviusmaximus! I have covert video analysis that has been tracking his biometrics and his telecom misinfo war where he has covered up a dirty bomb that he hides under with a paperclip tactic that he calls "magic."
He is a staged nuclear attacker who has been abusing tacit approval laws to gunpoint himself at people and he will actually be'headed' live on my apocalypse showdown.
Eye Am NOT Satoshi Nakamoto. I blew the wad on a working oligarchy...the plagues I created for the nephilim are here.
http://hive.blog/created/oligarchy
http://hive.blog/created/nephilim
http://hive.blog/created/devil
http://hive.blog/created/fallen
@FrankBacon started a child pornography ring to hide his identity as the TRUMP who carries a badge in "BUY DEN" as SGT FOLMAR. He was arrested under a pseudonym to hide his identity...they called him "KEY...THh..." in the JERAB court.
Meanwhile, shucks like @qsoutherncharms promote his cryptoporn on furry kids and take the phone calls with him while he shakes his stick at them on the "other side."
What you can't see in front of you that people like @txgodmotheriii, @qsoutherncharms, @fulcrumnews do is feed him for "TY-ROANN"ING / ty-PIN-G'spoTT ing them the "write codes" to pull his "STEM" through "HIVE"...
Do you know anything about Shakespeare, sir, @steviusmaxiums? I have had to QUARANTINE this man from stalking me as the LAST NAME HE CLAIMED: TURQUETTE...the bear berry that crawls and rapes and stalks...
https://hive.blog/p/@fulcrumnews/i-survived-wonderland
HEY IDIOT BITCH, TYROAN SIMPSON HAS BEEN IMPERSONATING YOU FOR THE GORILLA CURE...YOU ATE IT TOO. CHOW DOWN FUCKHEAD.