Re: Regarding miranda rights.

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On 10/07/07, Richard wrote:
> If a cop tricks someone into beliveing that he is not a
> suspect and reads the miranda rights to him, assuring him
> that it's only a procedure which they have to get it out
> of the way. And then, you get arrested based on the
> statements that he made to them. Can he file a motion to
> suppress the statement? Since, the cop didn't give him a
> bona fide choice to and let him make up his own mind to
> waive his miranda right?

Miranda requires that the government (police) advise anyone
that is in custody (not free to turn around and walk away)
of their Constitutional Rights to not answer questions and
to have an attorney present during questioning if they wish
(among other minor details.)

The cop does not have to convince the subject that he/she is
a suspect. It really is only a procedure, prescribed by
law, that has to be gotten out of the way.

If the subject was provided the Miranda rights and waived
these rights, he/she is probably not going to get the
statements suppressed. The subject should be allowed to
file this motion, but it will likely be overruled.