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Speak Up! - View Question #303 |
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Question: When taken into custody is the police office required to read you the Miranda Rights?
Answer: A police officer is required to read a person his/her Miranda Rights when two conditions are present.
-First, the person is 'in custody.'
-Second, the police officer is asking questions of the person.
If the police officer does not read the person his/her Miranda Rights when those two conditions apply, any statements made by the individual cannot be used against him in court as the statement will be suppressed (not allowed in court as evidence by the judge).
If a person is in custody and the police do not ask questions of him, but he volunteers information without being asked, then those statements can be used against him in court. Likewise, if a police officer asks a person questions and he is not in custody then the statements can be used in court.
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| Comments |
| 11 thru 14 of 14 comments |
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On 12/16/02
David from AZ said:
If you are arrested on a warrant, then miranda does not apply because a warrant is an order from the court to arrest you for an offense for which you either did not appear for in court or they have definite proof that you comment the offense for which the warrant was for.
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On 10/24/02
Waheem from GA said:
I was in LaGrange Georgia on a Tuesday afternoon and a friend and i decided to drive-off with some gas so I let them drive while I pump. It took about $31.00. So we pulled offbut the cops found us.....
My miranda rights were not read to me while he was putting the handcuffs on me so what do I do? Were my rights totally looked over?
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On 10/13/02
Mike from HI said:
I was arrested on a bench warrant for failure to pay a "seat belt violation." The police came to my place of work, took me into custody, finger printed me, mugged me, and placed me in a holding cell for 3 hours. My bail was set at $300 which I posted myself. I called the Omsbudsman for Hawaii and asked if my rights had been violated. The response I was given was that as a "Traffic Violation," and not criminal, I was "not subject to receive Miranda Rights." Sooo... I was in custody, my freedom was subject, and no one read me my rights.
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On 08/22/02
James from AZ said:
To clarify further, the police can ask you questions but if they are asking you specific questions about the crime you are in custody for then yes they do have to miranda you. But you have to be in custody. If you are not in custody then Miranda does not apply.
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| 11 thru 14 of 14 comments |
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