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Here are two misconceptions / urban legends that I read constantly.

They are not required on every arrest. They are only required when one is arrested and BEING INTERROGATED.

It is NOT a crime for an officer to NOT read you the Miranda warnings.

So...Will you ignorant people stop perpetuating this crap or what?

2007-08-10 15:45:39 · 14 answers · asked by California Street Cop 6 in Politics & Government Law Enforcement & Police

A link to the info. How about years of experience and training as a cop? Its common knowledge in law enforcement.

OK, heres the stupid link:
However, police are only required to warn an individual whom they intend to subject to custodial interrogation at the police station, in a police vehicle or when detained. Arrests can occur without questioning and without the Miranda warning — although if the police do change their mind and decide to interrogate the suspect, the warning must then be given. Furthermore, if public safety (see New York v. Quarles) warrants such action, the police may ask questions prior to a reading of the Miranda warning, and the evidence thus obtained can sometimes still be used against the defendant.
http://en.wikipedia.org/wiki/Miranda_warning

2007-08-10 15:53:06 · update #1

14 answers

How about the fact that you are an arrogant ignorant fool. Once you've asked my name you have the obligation to read my rights. That is a question, yes? You are further mistaken that it will matter in any court I've ever been to! You are further mistaken that you believe that anything I do afterwards is because of me. If you, as a cop, do anything to my pets or kids, you will PAY!!!!! I will try your way first, but when it doesn't work, it's open season on all isiots with badges. Don't think for 1 sec that a cop wont violate a civil right. Ice-T said it BEST- F$#K TE POLICE!!!!!!!

2007-08-11 08:45:53 · answer #1 · answered by pappyld04 4 · 0 4

people who answer about miranda rights are very annoying to me. They will write long answers that have no basis in fact at all. You are correct. Miranda is not required in every arrest. That was made clear in the first ruling and every miranda ruling after that.

As for crime. I am not aware of any law requiring miranda be read. It is a rule set forth by the supreme court. If you interrogate someone without reading miranda, what they say is tossed. Only that, the arrest is still valid and any evidence collected independant of the interview is still good.

Most people don't realize that Miranda (whom the ruling was based on) was still convicted on some of his crimes. The police had enough evidence to convict him even though the supreme court tossed his confession. So even the first ruling shows you that No Miranda does not equal Free pass.

People need to stop getting their information from TV and movies and actually read up on the law before they start answering questions. This is very basic stuff, if they are screwing this up, imagine how off they are on other questions.

2007-08-10 16:27:32 · answer #2 · answered by Kenneth C 6 · 2 0

You are correct! Miranda is not required unless the police ask the suspect a question, any question. Police tend to use the tactic of talking between themselves and baiting the suspect to volunteer information, thus avoiding the need for a Miranda warning. If you volunteer information to the police, don't think for a second that not getting a Miranda warning will get you off. The supreme court has consistently found that constitutional rights can be waived. Volunteering information to the police is effectively a waiver of your right to receive a Miranda warning concerning that information. However, if the police ask you a question about the information you just volunteered, then they are required to give you a Miranda warning.

2007-08-10 16:35:17 · answer #3 · answered by Monk 4 · 1 0

I ask myself the comparable question each time I see an exceptionally, quite, quite, stupid submit, posing as a question or answer, yet easily a thinly veiled attack against Mormons, Catholics, Jews, Muslims, gays or Jehovah's Witnesses, Atheists...and to a lesser degree (in all threat using fact they understand no longer something approximately them) Buddhism and Hinduism. do no longer those senseless idiots understand that their boastful stupidity will by no capacity benefit any converts to their perverted styles of concept????? i attempt to attend and notice, expertise that we are coping with an impressive many techniques-washed young babies who have not yet all started to think of for themselves, and can't yet distinguish between video games and genuine existence....yet their vanity and intolerance are, in specific circumstances, quite annoying to take. i'm rather indignant by those Christians who've, wrongly, assumed that it quite is a Christian propaganda board, and that they have a god-given precise to apply it to spew their intolerance and bigotry. i'm further and extra confident that the 'median' age for posters in this board is "12". LOL a appropriate occasion, is interior the responses to the question "does the Quran point out Jesus?" ...3 'geniuses' responded "NO"...merely proving that they had by no capacity even seen a Quran, no longer to point examine it..using fact it devotes dissimilar chapters to Jesus. Did they think of no you would be able to be able to work out how 'dumb' their comments have been?????

2016-10-14 22:33:07 · answer #4 · answered by Anonymous · 0 0

People post nonsense about the law all the time. It's not just on miranda rights.

2007-08-10 16:21:08 · answer #5 · answered by Anonymous · 2 0

Eric, I give you credit, but I gave up worrying about it a long time ago. Hopefully, the person asking the question will understand the right answer, or learn how to look it up themselves.

2007-08-10 16:55:11 · answer #6 · answered by CGIV76 7 · 4 0

Urban myths perpetuate all the time...didn't you know the television is more right than anything else? :)

2007-08-11 02:24:29 · answer #7 · answered by Vindicaire 5 · 1 0

Good points, however, rather than hand out anecdotal information, how about a link to the horse's mouth?

Who said that? When? Under what circumstances?

2007-08-10 15:49:03 · answer #8 · answered by Stuart 7 · 2 2

Besides, surely folks know that they do have the right to remain silent...

...but it's like Shrek said, "you HAVE the right to remain silent... what you lack, is the capacity."

2007-08-10 16:10:38 · answer #9 · answered by scruffycat 7 · 1 0

Stupidity knows no limits. Just look at the Bush Administration for proof.

2007-08-10 15:49:02 · answer #10 · answered by Anonymous · 0 5

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