Miranda Rights?

Voice of Liberty

According to the Federal Case Law (Miranda v. Arizona), any person who is to undergo official questioning by public officials, while in a custodial setting must be read a Miranda warning.

A "custodial setting" is defined as a situtaion in which the person does not feel he/she is free to terminate the interview and/or leave. Notice the term "feels". This is all based on perception, giving the benefit of the doubt to the individual being questioned.

Example: If you are handcuffed - Yes.
Telephone interview, No.

This makes it so that information which may incriminate the individual is not coerced. If the person is in a custodial setting, and questioned but not Marandized prior to questioning, then any information recieved is inadmissible in court.

If the person is not in a custodial setting and is questioned and free to leave, then any information is viewed by the court as volunteered - admissible in court as and free-willed admission of guilt.

Charlie149

If you are not being detained and you are voluntarily talking to the police, then they don't have to read you your rights and they can use whatever you say in court.

Lollipops

In the United States, the Miranda warning is a warning given by police to criminal suspects in police custody, or in a custodial situation, before they are asked questions relating to the commission of a crime. A custodial situation is where the suspect's freedom of movement is restrained although he is not under arrest. An incriminating statement by a suspect will not constitute admissible evidence unless the suspect was advised of his "Miranda rights" and made a knowing, intelligent, and voluntary waiver of those rights. However, police may request biographical information such as name, date of birth, and address, without first reading suspects their Miranda warnings.

Katy C

Miranda Warnings only have to be given if you have been arrested or are being held (as in you can not leave). They were on the phone with you, you could have hung up, so no you do not have to be given you miranda warnings in this case.

Truth Hurts

Yes. I don't know why people think the police always have to read them their rights before asking questions. You only have to be read those if you are placed under arrest then asked questions...We can ask whatever we want before taking you into custody.

The Nag

For Miranda to come into effect you have to meet 2 criteria:

You aren't free to leave Police Custody
And that you are being questioned about a crime

If they call you on the phone to ask you, you are not being detained.

Dick J

Yes, your comments could be used against you in a court of law. The police only have to give you a Miranda warning if you are being questioned during a "custodial interrogation". If you are questioned on the phone, and are presumably free to hang-up, you are not being subjected to a "custodial interrogation" and Miranda would not apply.

Arthur W

No, all you have to do is let the Judge know you werent read your rights and now theyre using it against you it would be violating your constitutional rights and thus unadmissable in court

Justin H

I believe the police are well within their rights to ask you questions if they believe you are a material witness to a crime. You are within your rights to say "talk to my lawyer".

Now if you become a suspect in the crime or are arrested, I don't believe they would be able to use any statements you made prior to being given your Miranda Rights. But I'm not sure where the line is drawn between statements given as a witness and those given as a suspect.

However, I'm not a lawyer so I'll defer to someone who might know more about this.

lilhappyflower

Yes, the police can call and ask you questions about a crime. Depending on what the crime is, they prefer to do it in person but they do call you if the situation allows.

They do not have to read you the Miranda rights. Miranda rights are only read to people when they are being arrested. If you say something to the police that is used in court, they may be able to arrest you for obstruction of justice. However, you could hurt either the the plantiffs case or the defendants case by providing false testimony.

(SELF)

The Miranda laws are for those who are being arrested or the suspect if you will. But if you are not the suspect, you can vow to plead the 5th amendment which states the following:

"No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the Militia, when in actual service in time of War or public danger; nor shall any person be subject for the same offense to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation."

So you have the right to say nothing if you like unless if you have a mandated court appearance or what they call a Subpoena, then you have to appear and tell them what you saw or you can be prosecuted under prejury which is lying under oath and therefore, hold you accountable or an accesory to a crime.

sunshine25

Yes, your incriminating comments can be used against you because you gave CONSENT for them to ask these questions. These incriminating statements will be used to develop further evidence against you - then when they come to arrest you, you're read Miranda and you can refuse to talk and request a lawyer but by then they aren't concerned because you've already given them the means to find the evidence used to arrest you on probable cause.

Here's an example, they call you and ask if they can talk to you about a missing child that disappeared from a nearby park, you give consent, and ask "was it the kid wearing the blue shirt, carrying a green knapsack and was riding a skateboard?" They say "yes, that's the one, what else do you know about what happened?" You say "well, I invited him home and gave him some ice cream, we watched some tv and then he left." WELL, you have just placed yourself in the CENTER of the case and have become a prime suspect, and your statements will be the basis of them contacting a judge to obtain a search warrant for your house, place you under surveillance, and enable them to dig around until they find enough solid evidence to arrest you (if you're really the cause behind the crime). Then when they arrest you, you'll be read the Miranda but they'll already have the evidence, thanks to you consenting to give incriminating info against yourself.

Vanilla

Miranda Rights are in the case you are arrested... so you don't have to self incriminate yourself (or don't have to speak without having an attorney.)

Failing to help police with an investigation is probably not the best thing to do. Just tell the police the truth.

alex

if they don't consider u a suspect and dont keep u against your will then they dont have to mirandize u.

~Snizz~

Typically the police won't call you about a potential crime, since no crime has yet been committed. Which means they can't mirandize you. But if you end up committing the crime they will arrest you and it will be perfectly legal.

Robert G

The absolutely most accurate answer is that yes, they can.

Even the most mediocre of law-enforcement officers should go about asking questions about a possible crime.

The only way those comments could be used against you in a court of law are if you wind up becoming the defendant, in which case no, your own unwaived-miranda-rights comments cannot be used against you.. but, those comments quite often are used to give the investigators a better understanding of what to ask others, whose comments ARE admittable in a court of law, and can therefore be used against you.

Please remember that EVERYBODY within the US of A has miranda rights even if nobody actually reminds you of them. You also have the right to know whether or not you are still being considered a suspect before answering any questions other than those needed to identify you later.

Failure on the part of the investigator to let you know that you are no longer a suspect in whatever case you're being questioned about means that you ARE a suspect in the case, whether you are the guilty party or not, and are therefore automatically protected under the Miranda rights to obtain legal counsel from the attorney of YOUR choice before answering any questions, which means that even if you live in Florida, it is your right to refrain from answering any questions until you have had an opportunity to find the one or two Attorneys in Alaska who have passed the Florida Bar Exam and await their arrival and await their counsel before even beginning to answer any questions that are above and beyond the questions how to find you again for questioning.

If they actually arrest you, since they have you in their custody and therefore do not have to find you again, you don't even need to answer those questions for them.

They will do their best to intimidate you into providing that info, because that is what they do, unright though it may be, but it is your right to await the attorney of your choice to offer you counsel, so just don't give in.

alexmvpespn

ofcourse they can call u.

Amanda J

If they're questioning you as a suspect, they must mirandize you properly. If you're a witness, you don't have to hear the miranda rights.

If you think you're a suspect in something, you should get an attorney ASAP

Matt

No. Miranda rights are only given when being arrested.

Brian

You have the Right To Remain Silent... tell it to the judge

bananas

ask god yo

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