2007-08-23 07:18:26 · 7 answers · asked by Jonathan H 1 in Politics & Government ➔ Law Enforcement & Police
Reading of Miranda warning is a result of Supreme Court case law (Miranda v Arizona), not statutory law.
2007-08-23 07:23:16 · answer #1 · answered by jurydoc 7 · 1⤊ 0⤋
No, there isn't any Florida statute regarding the reading of Miranda rights. Miranda rights were a result of a case that went before the Supreme Court (Miranda vs Arizona) in which a case against Mr. Miranda was crucially affected because he was not advised of his rights at arrest. After that the reading of Miranda rights (named for Mr. Miranda, of course) became mandatory or law enforcement can blow a case.
2007-08-23 07:28:24 · answer #2 · answered by Anonymous · 0⤊ 0⤋
The right to Miranda warnings stems from a case called Miranda versus Arizona. However, Miranda warnings are required only when there is custodial interrogation. Both must be present. So if the police are interrogating you at McDonalds and you are free to leave at any time, they do not have to read you Miranda. If they arrest you but do not ask you anything (except for name, address and other booking information), they do not have to read you your Miranda rights. Only questioning after the person is arrested (detained) triggers the requirement to read Miranda.
2007-08-25 12:54:29 · answer #3 · answered by floridaladylaw 3 · 0⤊ 0⤋
It's not a Florida statute, it was put into effect by the US Supreme Court after an incident in Arizona. It is only necessary when a suspect is going to be interrogated about a crime that he or she is suspected of committing.
2007-08-23 07:23:24 · answer #4 · answered by Anonymous · 0⤊ 0⤋
Miranda rights are not state laws they are Federal and every single state and municipality in those states must abide by them. This would supersede any state statute.
2007-08-26 16:33:21 · answer #5 · answered by Rhode Island Red 5 · 0⤊ 0⤋
It is part of your Civil Rights and is used before you are arrested for a crime. No statute nessesary. If you are not read your rights and give a police statment, say you confessed to murder, your confession may not be used against you in court. Whereas, if you are read your rights and try to take that statment back, it will be used against you during your trial.
2007-08-23 07:26:06 · answer #6 · answered by Mel 4 · 0⤊ 0⤋
The only time Miranda applies is when you have both interrogation and custody. Without both it is not necessary.
2007-08-23 07:41:49 · answer #7 · answered by sarpedons 3 · 1⤊ 1⤋