Can the police use a confession in court if i'm not read my miranda rights, during a questioning?
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Can the police use a confession in court if i'm not read my miranda rights, during a questioning?
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I'm 14 years old and I'm a freshman.I know they don't read you your Miranda rights until you are arrested, but since i didn't know i didn't have to say anything since it was just a questioning could they still use my confession in court and charge me with a fine for a misdemeanor committed a year ago? Additional Details My parents weren't present. However my principal was the questioning was done in my principals office with 2 police officers. I admitted to comitting a crime i did a year ago, but thats a another story. So can they use it in court? btw i live in Jackson, Michigan
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gunsandammoatwork
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Almost everyone here seems to have collected their information on Miranda rights from TV.
NO! You don't have to read someone Miranda if you start to merely suspect they are the person who committed the crime
NO! In most states, unless there is a specific statute, the police can still question a minor even if their parents aren't there.
Regardless of whether you are a victim, witness, or suspect, anything you say to the police is part of the report, no matter what. So yes, you being questioned at school while not under arrest and not having your rights read to you is perfectly legal and what you said, in fact, can be used against you in court. |
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mrmeanie78617
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Miranda rights only need to be read if the following two apply:
1) You are in custody (arrested) ; such as in a squad room, jail cell, or back of a police car in handcuffs. Questioning out in the street does not count as custodial.
2) You are asked questions about a crime.
Most people falsely believe, thanks to TV shows, that police must read you your rights when arrested, or if the police ask questions about a crime, but you are not arrested for it. |
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Obamavenger
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They have to read you your rights if it appears you may be a suspect or if you ask. As long as you are an ordinary witness there is no point. |
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drew4allyou
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If you are a police officer and you are investigating a crime, then yes, you don't have to go around giving every person miranda rights. If, through the course of questioning, it appears that this person did commit and offense, then yes give them their Miranda rights!
If the police arrest or detain a person whom they suspect has committed a crime, then yes, they must give them their Miranda rights. It doesn't matter if they are on the street or in the back of a squad car...
The person under investigation ALWAYS has a right to be informed in regards to self incrimination. A person doesn't even have to be in handcuffs to be given miranda rights.
However, there is no real sense of urgency when reading miranda rights and, the police can still ask questions before giving miranda rights, the only thing is, they can't use it in court. If they just want information regarding other suspects or etc, they can ask but again, any information isn't useable in court. Police officers are very well trained and know the difference.
For example, if a police officer arrives at the scene of a burglary and finds a suspect in the house, with burglary tools and the people who called 911 are witnesses to him breaking the window and walking into the house then the police officer doesn't need a confession to get a conviction in court. He has all this other evidence around and doesn't even need to ask the suspect a single question. The police still may ask the suspect whether he had a buddy who was helping him or why he was doing that, but the officer obviously doesn't need to use that information in court to get a conviction on the guy.
Miranda rights are always read when someone is arrested/detained because it is a constitutional requirement. It is a constitutional requirement because it's a blanket protection that is always read so that there is never ANY issue about any information being used regarding self incrimination.
Phweph. |
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