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trooper3316
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Two conditions must be present before Miranda applies
1. The person must be in custody and not free to leave
2. The officer intends on asking incriminating questions about the incident that led to the arrest.
Miranda only applies to criminal arrests. According to the US Supreme Court, a traffic stop is a temporary detention, not an arrest.
For more information , do a search on Miranda v. Arizona |
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italy_coolfun
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BEcause you are not being arrested. |
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COFFEE
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because your not getting arrested. |
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KarenL
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They are not required to do so and why would they if they are not required to do so. They could go for a 2fer --- a speeding ticket and an arrest. Like "Sorry Ms, you were going a bit fast. Do you know just how fast you were going?"
You are nervous and worried --and you have been trained to talk in those situations (recall being called on in grade school? What did you do --- you spoke about your doggie if you didn't know the answer)---
Police have been trained to listen and observe. So as you say "I was not paying attention, sorry, my mind was somewhere else"
LEO: Where were you before now ---
The goal of that "friendliness" is to get you at ease and in his/her control.
It's to get you to admit to drugs, a crime, drinking. After the ticket is issued -- and they tell you that you are free to leave --- they may ask you " Oh, BTW you do not have anything illegal in the car...?" NEVER SAY -- No, but you could look if you want to!. |
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♪♫humming a tuneless song♪♫
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duh ur not being arrested and if you want to know so badly why dont you ask the cops themselves? |
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shilo9i
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They are not required to advise you of your Miranda rights if you are in physical custody, and are being questioned about an alleged crime. |
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Kevy
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Because this is not TV |
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freedom_isn't free
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You are only read your Miranda Rights when you are arrested. Continue speeding and you'll get to hear the Miranda Rights! |
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mark H
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ALL the other answers are right but,,,part of there training is psycology,you can learn more sometimes by being quiet than asking a direct question,ie ,,why you were speeding ,were you really speeding or did he just get you to admit to something you didnt do. |
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Jay
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Refuse to sign the ticket. He'll say it then. |
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Copgirl
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Miranda rights DO NOT have to be read for a ticket. You are only read your rights if you are to be QUESTIONED about the incident. |
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Arturo I
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the miranda rights only apply 2 you when you are getting arrested.. when u get a speeding ticket u can show up to court and then u are asked if u want 2 plead guilty or not guilty.. and u kn then argue your case |
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El Scott
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Because you are not under arrest or in custody.
In order for Miranda to be required you must be under arrest or in custody and being questioned about a criminal act.
Traffic stops are investigative stops and the courts have established they do not amount to custody. |
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Sakura
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know the answer? then tell me! |
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Zach
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the "right to remain silent" is part of the Miranda Rights, which are read/spoken to those who are under arrest. (required of police officers arresting someone)
when given a speeding ticket, you are merely being acqitted of a traffic violation, not arrested. therefore, you do not have the Miranda Rights read to you. |
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stephieSD
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you are only read your rights when you are being arrested. since a ticket rarely leads to court, it's not possible for the things you say to be held against you. |
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Rell R
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Because that's not part of the action plan when issuing a citation for speeding; however, failure to cooperate in the order of the process will result in the famous cop quote, "You have the right to remain silent. Anything you say can and will be used against you in a court of law. You have the right to speak to an attorney, and to have an attorney present during any questioning. If you cannot afford a lawyer, one will be provided for you at government expense." |
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Cat Lady
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If you are about to be arrested for a crime, You WILL be read the "Miranda" rights. If you get a speeding ticket, this is not an arrest. It is a ticket. |
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♥chicks♥
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They should, maybe that would prevent us from giving them a smart @$$ answer when they ask, "do you know how fast you were going"!!!
LMAO... |
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frank
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If you don't have it memorized by watching
cops
law and order
the shield
hill street blues
NYPD Blue
then you aren't paying attention |
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obl_alive_and_well
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He only has to read your rights if he is questioning you.
Otherwise, anything you say will be stricken as evidence. |
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fsgumby
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because every thing you say will be written down |
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ahsoasho2u2
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GOOD QUESTION:
MIRANDA STATES:
"" THE PROSECUTION MAY NOT USE STATEMENTS, WEATHER EXCULPATORY OR INCULPATORY, STEMMING FROM CUSTODIAL INTERROGATION OF THE DEFENDANT UNLESS IT DEMONSTRATES THE USE OF PROCEDURAL SAFEGUARDS EFFECTIVE TO SECURE THE PRIVILEGE AGAINST SELF INCRIMINATION.
PRIOR TO ANY QUESTIONING THE PERSON MUST BE WARNED OF THEIR RIGHT IF IN CUSTODIAL INTERROGATION."
CUSTODIAL INTERROGATION DEFINED IS WHEN YOU ARE IN CUSTODY. ( IE ARRESTED AND TAKEN INTO CUSTODY.)
WITH A TRAFFIC TICKET YOU SWEAR TO BE RELEASED AND SHOW UP FOR COURT YOUR SIGNING OF THE TICKET IS NOT AN ADMISSION OF GUILT. THERE FOR MIRANDA DOES NOT APPLY. YOU HAVE NOT PLEAD GUILTY TO YOUR TICKET BY SIGNING IT, YOU ARE FREE TO GO. IN AND UNDER MIRANDA YOU ARE NOT FREE TO LEAVE THE POLICE WANT TO INTERROGATE YOU ABOUT THE CRIME.
HERE WE ARE TALKING SEVERITY OF A MISDEMEANOR ADVERSE TO A FELONY CASE. |
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?
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They only tell you that when you get arrested. |
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Ralphie
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So you incriminate yourself. |
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She She
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When you're given a speeding ticket you are not being arrested. |
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Sexy *****
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I've no idea honey,I don't drive,cops don't tell me to shut up anyway,if I wanna say something I will,especially if I've had a drink!.Are u ok hun?,email me anytime u wanna talk,if I can help u I will.Go on my profile,I've been to look at yours!.Bye babe, xxxxx. |
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tambos67camaro
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because you are not under arrest and will have a chance to tell your side in court |
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essentiallysolo
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he only has to read you your miranda rights if he intends to arrest you. |
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kim h
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He only has to tell you your Miranda rights if you are being arrested. |
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