What ever happen to the Miranda Rights?

deus ex machina

It is totally amazing how many people do not understand the Miranda warning.

Ok....

1. There is no Constitutional imperative that dictates Miranda. A U.S. Supreme court ruling "invented" the Miranda Warning due to an appeal derived from a conviction where the suspect was interrogated and made statements that were taken in violation of his rights. The court felt that people were sufficiently unaware of their rights that officers need to provide this information prior to interrogation WHEN the person is not or reasonably feels that they are not free to leave. There are 2 things that must be clear. First, there's an interrogation. Second, the person feels that they are not free to leave.

2. You can be arrested and as long as you are not interrogated then they don't have to read you your rights. Miranda only pertains to interrogation. Biographical data is not protected. Officers can still ask name, date of birth, height, weight, address, etc.

3. Any question can be asked as long as a seizure has not occurred, and by that I mean the seizure of a person. In other words, if you would have legitimate reason to feel that you are free to leave then they can ask anything without having issued the Miranda Warning. If you make an incriminating statement during such an encounter then you're on your own; you can be charged and your statements will be admissible.

4. Even if you are interrogated without having received the Miranda Warning, and you are under arrest, only your statements are inadmissible. Any other evidence gained outside and independent of your statements is still admissible. Therefore, if there is sufficient evidence beyond that which was gained through the interrogation to charge you then you will still be charged and tried. The case isn't automatically thrown out.

5. Officers cannot usurp the Miranda Warning through actions. In other words, an interrogation can occur without them saying a word if their actions would be reasonably considered to having caused you to say something. For example, an officer pulls you over and through good investigation legally finds a dead body in your trunk. He then looks at you, looks at the body, looks back to you and then to the body. A normal person might feel pressured to blurt something out and rightfully feel that they are not free to end the encounter. If they do say something then that is still considered an interrogation and wouldn't be admissible.

Mama Pastafarian

According to the Supreme Court decision, the police only have to read your Miranda rights to you when two things are both true:
1) You have to be detained
2) You are being interrogated

If you are detained, but they are not interrogating you about the offense, they don't have to read your rights to you. I know they show that on TV all the time, but that's not reality.

Also, if they are just asking general questions, that isn't considered interrogation.

Tom M

Miranda does not have to be given in all arrests. Miranda is given prior to interrogation and after arrest. If the arresting officer witnessed the crime you were arrested for or there was a witness to the crime then no interrogation was necessary and or no confession was needed. If there was no need to ask you any questions then there was no need for Miranda....sorry, that loophole is closed.

UncleRico

Custody + interrogation = Miranda.
Your case doesn't get thrown out if your not read them.
Spontaneous statements will still be used against you.

Mugsy's Place

Maybe I can help you understand, everyone thinks that when you are arrested that you have to get your miranda rights as soon as you are arrested. This is not the case, the only time you must receive your miranda rights is when the questions change form information getting like name, address, phone number, etc, to accusatory. Most officers read you miranda as soon as you are arrested just to be safe.

old fuzz

Miranda is only advised when you are questioned about the criminal act you committed. Asking your name, address, and other administrative data does not violate the 5th amendment. You can be arrested, booked into jail, and brought to court without anyone asking you anything that necessitates a Miranda warning.

Kevin C

1) Custodial = NOT free to leave

2) Interrogation = Asking specific quetions to illicit a response.

If the officers isn't doing both of those at the same time then Miranda V. Arizona doesn't apply.

John71

If the police plan to question you then they will read you your Miranda rights. Otherwise they do not have to.

tallerfella

From your other posts, seems like you need to stay out of trouble.
You do not have to have your Miranda rights read to you if you are not being questioned. A police officer can ask general questions as to your identity, where you are going and what you are doing in the area where you are being stopped. When it comes time for you to be questioned about a particular crime or incident, you still may not be read your rights. Only until the officers thinks you may have committed the crime will he stop and advise you of your rights.

It'sMe23

Stop getting areested!!! There's no reason for it!!!
Then u won't have to worry about being read ur rights!!!

mario

Miranda was a Mexican illegal alien and was deported back to Mexico, that's why..."no longer available or used." Comprendo?

daddyspanksalot

Talk to a good criminal lawyer about this, but if you are not read your Miranda rights then you incriminate yourself, you are off the hook. the lates Supreme Court opinion on the subject is below.

*****

If they arrest you without reading you the Miranda rights, then the case against you is no good.

Roy

The truth is if they do not read your Miranda Rights at the time of the arrest, the case has to be throw out since it is not a lawful arrest. But you have to be aware of your rights and you have to request a lawyer before you say anything and let your lawyer know that your Miranda Rights were not read.

SS4 Elby

Honey if they dont read you them rights your case has to be thrown out. Just say something to someone or a lawyer.

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