this was all on video and audio.
A person I know was arrested on a misdemeaner and the arresting officer did not read him his rights when in custody. While walking to the police car, the officer asked him a question unrelated to the first charge which eventually led to another charge.
I believe "all questioning" should be stopped at the scene and on the way to booking because he was denied his miranda warnings in the first place and this should stand for the second charge as well, right or wrong?
2007-02-10 14:40:38 · 17 answers · asked by draymond31 1 in Politics & Government ➔ Law Enforcement & Police
Many people think the Miranda Warning is a law and is mandatory. However, police must recite Miranda rights only when they are about to interrogate a suspect. Miranda rights are protection against self-incrimination only, not against being arrested. You always have the right to refuse to answer any questions, as guaranteed by the Fifth Amendment.
2007-02-10 14:46:24 · answer #1 · answered by trusted 2 · 0⤊ 1⤋
Any time when the people are arrested, the police must be read the rights to people being in custody no matter how if the police think that person is guilty or not of something. You can tell his lawyer that. Depend on where you live, some states have different laws in the cases on how the police shall handles, the questioning part supposed as very limited and leaves to the detecives to do the part, because without lawyer present the police can be sued for harassing. The police should not do the lots of questioning except saying I am taking you down for the specific charge without asking what it was about outside of their boundary.
I still think it's wrong to not read the rights to the person you know or anyone else anytime as being in custody at scene for any reasons, or questioning about the new charge after the other charges after being arrested.
2007-02-10 15:03:36 · answer #2 · answered by Julie G 4 · 0⤊ 0⤋
As long as the officer or other law enforcement officials do not attempt to use His statement in a Court of law or in the course of an investigation as fact or otherwise, it doesn't matter how many questions He's asked. It becomes important if He's already invoked His Miranda Rights. Alot of States have adopted regulations of not Mirandizeing until they get the subject to the Magistrate where the Person is then Mirandized. Until then there should be a NO QUESTIONS policy unless the subject agrees to answer questions posed to him, then they are Mirandized on the spot. See: 34 Geo. L.J.Ann. Rev. Crim. Proc. (158) (2005) under; CUSTODIAL INTEROGATIONS.
GOD BLESS/GOOD LUCK!!
2007-02-10 18:14:37 · answer #3 · answered by Chuck-the-Duck 3 · 0⤊ 0⤋
The second charge will not stand, due to the infringement of his miranda rights. Only a felony can be looked into by this knd of spontaneous response. Make sure that your friend envokes his/her rights, and get a lawyer.
2007-02-10 14:44:35 · answer #4 · answered by Biff Stew 3 · 0⤊ 0⤋
Honestly, he knows his rights. He is just looking for a legal loop hole to slip threw. If he was breaking the law then he was breaking the law. DUH. There should be no exceptions. I dont understand why people hate cops (because of a stereotype that they are bad) but all in all- they are arresting criminals or law breakers...so who is really the bad guy? Breaking the law is simply that...get over it and accept that he- or whoever- cant follow some rules.
2007-02-10 14:46:36 · answer #5 · answered by Rachel H 2 · 0⤊ 0⤋
I don't think thers so tuff on this miranda thing ne more. I tried this a year or two ago, my lawyer looked at me and said " didn't you think you had the right to be silent when they put the f$&%%^g cuffs on your wrists?"
2007-02-10 14:59:48 · answer #6 · answered by Jeff 2 · 0⤊ 0⤋
If you can prove there were no rights read then you are right. But cops can always say that they were read on the ride to the copshop or in the station..............they have a lot of time in between.
2007-02-10 14:44:45 · answer #7 · answered by Nagitar™ 7 · 0⤊ 0⤋
you are right but who do you think a judge will believe your friend the defendant or the police officer...... he will just say he was read his rights out of camera view
2007-02-10 14:44:22 · answer #8 · answered by i pack a 44 5 · 0⤊ 0⤋
You are right. Hopefully your friend didn't answer the questions. With or without the rights,he had the right to remain silent
2007-02-10 14:44:28 · answer #9 · answered by dardarzene 2 · 0⤊ 0⤋
nope, your friend can be charged with both. because the thing he blabbed about in custody was not related to the first charge.
2007-02-10 18:51:02 · answer #10 · answered by Kevy 7 · 0⤊ 0⤋