@D_J_Nathanson@mastodon.social
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D_J_Nathanson

@D_J_Nathanson@mastodon.social

Criminal defense lawyer at Wood & Nathanson, LLP. Posts reflect my personal views only. Boosts are not endorsements. He/him.
https://www.woodnathanson.com

[Alt text for avatar: A 50-ish white guy with a medium-ish build wearing a black suit, white shirt and gray tie, standing in front of a brick building, blurred in the background. Alt text for banner: a rocky shoreline with breaking waves.]

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RickiTarr, to random
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Seriously heard someone saying they don't listen to many black artists, because they aren't really into rap. Bitch please, feel free to share songs from Black artists from any genre. Here is one of my favorites, if you like this song please check out her other work:

https://youtu.be/KovrJ8HXI1Q?si=HOYIG7YMuAUTsJz6

D_J_Nathanson,
@D_J_Nathanson@mastodon.social avatar
D_J_Nathanson,
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D_J_Nathanson,
@D_J_Nathanson@mastodon.social avatar

@RickiTarr Zeal and Ardor - Swiss black metal (but innovative) https://youtu.be/ZYSTYe3PJTM?si=ODDh-IzVxnioIgAQ

D_J_Nathanson,
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D_J_Nathanson, to random
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Now is a good time to refresh on a concept in US First Amendment law called "The Heckler's Veto." It is the principle that the right to free speech and free association cannot be prevented or punished because people who object to the speech cause a disruption.

https://constitutioncenter.org/the-constitution/supreme-court-case-library/terminiello-v-chicago

D_J_Nathanson, to random
@D_J_Nathanson@mastodon.social avatar

It’s #STFUfriday!

When cops ask you questions, ask for a lawyer and then STFU:

  • I am not discussing how I’m doing or where I’m going.

  • Am I free to leave?

  • I am not answering any questions.

  • If they ask to search anything: "I do not consent to a search."

  • I want to speak to a lawyer.

No thread this week. Just keep it simple. Ask for a lawyer and STFU.

Steve Martin, Martin Short, and Selena Gomez in a line each simultaneously saying, "SHUT UP"

D_J_Nathanson, to random
@D_J_Nathanson@mastodon.social avatar

As usual, I can't control my #ThursdayFiveList #TheDark

So here's post #2

Laughing Hyenas – Living In Darkness (post-punk)
https://laughinghyenas.bandcamp.com/track/living-in-darkness

Lakim Shabazz – Black is Back (rap)
https://youtu.be/J9WHM8Nj9ko?si=8Xhs_rGFQZoQxT6c

End - Evening Arms (extreme)
https://yourfuckingend.bandcamp.com/track/evening-arms

Hot Snakes - Automatic Midnight (post-punk)
https://hotsnakes.bandcamp.com/track/automatic-midnight

Godflesh – New Dark Ages (industrial metal)
https://godflesh.bandcamp.com/track/new-dark-ages

D_J_Nathanson, to random
@D_J_Nathanson@mastodon.social avatar

The #ThursdayFiveList from @neurothing is back with the theme #TheDark. My 5 + another 5:

Doomriders - Come Alive (death & roll)
https://doomriders.bandcamp.com/track/come-alive

Black Ships - These Nights In These Places (extreme)
https://blackships.bandcamp.com/track/these-nights-in-these-places

Backstabbers Inc. – We Attack At Dusk (hardcore)
https://backstabbersinc.bandcamp.com/track/we-attack-at-dusk

Mule – Searchlight (hillbilly post-punk)
https://mule.bandcamp.com/track/seachlight

Parliament - Theme From The Black Hole (you know)
https://youtu.be/h-5KjFJxnw4?si=3zGOBwfkR7ZqlxNc

/1

D_J_Nathanson, to random
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I hope that in my life I am able to be 1/100th this cool for like 5 seconds. That would make me happy.

Ohio Players - Who’d She Coo? On Soul Train

https://youtu.be/wTrGtchA4Jg?si=ZTkPmAPBiGDC-5Zt

D_J_Nathanson, to random
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Dozens arrested after UMass Amherst protesters once again set up encampment | GBH https://www.wgbh.org/news/local/2024-05-08/dozens-arrested-after-umass-amherst-protesters-once-again-set-up-encampment

ellenmorrisprewitt, to random
@ellenmorrisprewitt@writing.exchange avatar

Y'all, when you're remembering the anniversary of Kent State that occurred May 4, 1970, docket the calendar to remember Jackson State that happened May 15, 1970.

D_J_Nathanson,
@D_J_Nathanson@mastodon.social avatar
D_J_Nathanson, to random
@D_J_Nathanson@mastodon.social avatar

It’s #STFUfriday!

When cops ask you questions, ask for a lawyer and then STFU:

  • I am not discussing how I’m doing or where I’m going.

  • Am I free to leave?

  • I am not answering any questions.

  • If they ask to search anything: "I do not consent to a search."

  • I want to speak to a lawyer.

Invoking your right to silence requires the police to stop questioning you only if you actually stop talking. Refusing to answer individual questions does not clearly invoke your Miranda rights. /1

Captain Picard from Star Trek saying "Not good enough, damn it. Not good enough."

D_J_Nathanson,
@D_J_Nathanson@mastodon.social avatar

Saying things like "I'm not answering that" or "no comment" are basically ineffective under US law. It's an invitation to the cops to keep questioning you. You need to make a clear and unambiguous invocation of your right to silence and a lawyer.

As with every post, I'm a lawyer in the USA. These comments are based on law in the USA. (And they apply to all people in the USA, whether or not they are citizens.) Some US states provide more protections than this. /end

D_J_Nathanson, to random
@D_J_Nathanson@mastodon.social avatar

It's hosted by @loewe

How about Lorax (Lori Black)? She played bass for the Melvins on my favorite records by them: Ozma, Bullhead, and (the immortal) Eggnog.

Bonus fact: She is the daughter of Shirley Temple. Yes, that Shirley Temple. Look it up.

https://youtu.be/V8IgwoSu2a0?si=FWgKHTse7e9ZHg25

D_J_Nathanson, to random
@D_J_Nathanson@mastodon.social avatar

Every college administrator that calls in police to break up a peaceful encampment is physically endangering young people that they are supposed to protect.

There is no debate about this. It is fact.

D_J_Nathanson,
@D_J_Nathanson@mastodon.social avatar

@Lazarou Now is a good time to revive the push to abolish qualified immunity.

tzimmer_history, to random
@tzimmer_history@mastodon.social avatar

This is the type of comment I’ve been getting a lot for my latest piece: Always from self-regarding liberals who never want to grapple with the fact that the civil rights protests of the 1950s and 60s – the legacy of which they surely want to claim – clearly violated those principles.

D_J_Nathanson,
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D_J_Nathanson, to random
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Wonky but important. Be on the lookout for proposed legislation in U.S. states that reclassifies “chemical recycling” from waste management to manufacturing. It reduces regulation, allowing greater emissions/runoff a.k.a. poison. h/t Living on Earth radio.

https://loe.org/shows/segments.html?programID=24-P13-00017&segmentID=2

https://resource-recycling.com/plastics/2023/07/18/2023-sees-growing-chemical-recycling-lawmaking-activity/amp/

D_J_Nathanson, to random
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rechelon, to random
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What songs do you sing to the dogs in your life?

D_J_Nathanson,
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D_J_Nathanson, to random
@D_J_Nathanson@mastodon.social avatar

It’s #STFUfriday!

When cops ask you questions, ask for a lawyer and then STFU:

  • I am not discussing how I’m doing or where I’m going.

  • Am I free to leave?🧵

  • I am not answering any questions.

  • If they ask to search anything: "I do not consent to a search."

  • I want to speak to a lawyer.

Cops are only REQUIRED to give you Miranda warnings if you are “in custody.” “Not free to go” is an oversimplification.

Remember you can always invoke your rights even when you aren’t in custody.🧵

Joey from the TV show Friends banging the kitchen table and yelling, "I WANNA GOOOOOOOOO"

D_J_Nathanson,
@D_J_Nathanson@mastodon.social avatar

Custody is supposed to mean that law enforcement officers have deprived a person of their freedom of action in any significant way. A person is in custody when a reasonable person in the person’s position would believe that he is in custody or is not free to leave. But when a bunch of old, white, ex-prosecutor judges apply this standard, it gets really dicey. /2

D_J_Nathanson,
@D_J_Nathanson@mastodon.social avatar

Here are examples mostly from Massachusetts law (not necessarily applicable elsewhere).

NOT IN CUSTODY

  • Roadside questioning after traffic stop (this one is SCOTUS, not MA)
  • Person brought to police station as potential witness (not suspect) not in custody until he made incriminating statements
  • Person injured in car accident restrained by EMTs for medical reasons while questioned by police
  • Without more, suspect detained during execution of legal search warrant not in custody (SCOTUS) /3
D_J_Nathanson,
@D_J_Nathanson@mastodon.social avatar

IN CUSTODY:

  • Juvenile aggressively questioned in his bedroom by cops who demanded that he agree with their “sympathetic” version of incident

  • Person handcuffed and held in police cruiser for "threshold inquiry" and asked what she was doing in the bushes next to a store that had just been robbed

  • Person showed up at police station after hearing co-defendant had implicated him

THESE THINGS ARE WAY TOO TRICKY TO NAVIGATE ON YOUR OWN.

STFU AND CALL A LAWYER!
/4

D_J_Nathanson,
@D_J_Nathanson@mastodon.social avatar

As with every #STFUfriday post, I'm a lawyer in the USA. These comments are based on law in the USA. (And they apply to all people in the USA, whether or not they are citizens.) Some US states provide more protections than this. /END

D_J_Nathanson,
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