I really think the law did away with that rule.
2007-11-25 19:02:07 · 6 answers · asked by Anonymous in Politics & Government ➔ Law & Ethics
Unlike what you see on TV, Miranda warnings are not required every time anyone is arrested.
It is required prior to "custodial interrogation". That means that if you're in custody, and being questioned, you must be Mirandized. If you aren't, anything you say can be excluded at trial.
Richard
2007-11-25 19:55:12 · answer #1 · answered by rickinnocal 7 · 0⤊ 0⤋
They still have to mirandise you before doing any custodial interrogation,meaning your either under arrest or at least feel your not free to just walk out at anytime you no longer wish to talk to them...the reading of your miranda rights isnt in the constitution its a decision by the supreme court that law enforcement should have to advise you of your rights that are guaranteed ,right to remain silent without that being evidence of guilt,right to an attorney ,right to have one provided ,the fact that any statement you make can and shall be used in court etc,miranda didnt give anyone those rights ,it just made the cops responsible for telling you what you should already know . It was a lousy decision,has let countless criminals go free thru a technical loophole and should be reconsidered and overturned. If it were you'd still have the same rights ,youve had those since 1791 however it wouldnt be the polices job to tell you about them, ignorance of the law has never been an exceptable excuse for anything,and not knowing your rights is your own darned fault not the LEO's.
2007-11-25 22:30:30 · answer #2 · answered by little_whipped_mousey 5 · 0⤊ 0⤋
No, they don't need to read them to you when you are arrested. However, the DO need to read them to you before questioning. That has always been the law. Let's say you shoot someone and the cops come in and find you in the chair with the gun. You can be arrested on the spot and taken to the jail without being mirandaized. They do however have to give the miranda before they can question you.
2007-11-25 20:39:36 · answer #3 · answered by Anonymous · 1⤊ 0⤋
Miranda Rights must be read if you are in custody and being questioned. But dont worry. One more bush appointee to the Supreme Court, and they WILL do away with it.
2007-11-25 19:08:48 · answer #4 · answered by Toodeemo 7 · 1⤊ 2⤋
ya its in the constitution that your rights must be upheld and i dont believe that the supreme court is gonna throw out the constitution just b/c bush wishes to.
2007-11-25 19:10:02 · answer #5 · answered by Simon 5 · 0⤊ 3⤋
No. The criminal lover lawyers still require it, so that their pals, guilty criminals, go free to attack innocent members of the public.
2007-11-25 19:08:58 · answer #6 · answered by buttfor2007 5 · 1⤊ 4⤋