Re: Miranda rights

More | Report Post

Miranda rights do NOT -- repeat NOT -– ALWAYS have to be read.

Miranda rights apply ONLY where there is a "custodial
interrogation."

You can be arrested without being read your Miranda Rights.
Miranda rights do not protect you from being arrested, only
from incriminating yourself during questioning. All police
need to legally arrest a person is "probable cause" -- an
adequate reason based on facts and events to believe the
person has committed a crime. Police are required to "Read him
his (Miranda) rights," ONLY before interrogating a suspect.
While failure to do so may cause any subsequent statements to
be thrown out of court, the arrest may still be legal and valid.

Also without reading the Miranda rights, police are allowed to
ask routine questions like name, address, date of birth, and
Social Security number necessary to establishing a person's
identity. Police can also administer alcohol and drug tests
without warning, but persons being tested
may refuse to answer questions during the tests.

Go to this link & go down to & 3rd paragraph AND READ:
http://www.elitefitness.com/forum/archive/57/2003/07/2/244132

"Q: Do the police ALWAYS have to give the warnings?
A: NO. The rule of Miranda applies ONLY to custodial
interrogation. The two elements -- custody and interrogation
-- MUST both exist. If it’s either one without the other, the
warnings AREN'T required."

FYI: Many people are arrested and NOT interrogated. However,
police officers routinely do Mirandize (as seen on TV)
arrestees to protect themselves from possible screw-ups (when
one officer does try to interrogate & is not aware that the
arrestee was not Mirandized.

You can research this yourself & see where you are wrong:
Just search "Miranda" + "applies" + "custodial interrogation"
using any search engine.

On 11/01/03, john wrote:
> what are the consequences to the police if they arrest
> someone, but they didn't read them their meranda rights?
> how could i use this to my advantage?

Re: Miranda rights, 11/24/04, by SFanua.

Due Process Chatboard

LATEST POSTS | BY TOPICS | SUBMIT A POST