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Old 12-03-2004, 08:47 AM   #12 (permalink)
fhqwhgads
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Being arrested and being charged with a crime are two different things. I can arrest you, keep you detained and interview you, and then decide that there is not enough information to actually charge you with a crime. Were you arrested? Yes, because I removed your liberty and your freedom to leave. Just because you are arrested doesn't mean that you are charged with a crime.

Miranda applies to custodial interrogations. If you are in custody, and I am going to interview you about an incident, I need to advise you of your Miranda rights. If I don't, then anything that you said to be during the questioning can not be used in court.

There's countless times where I've locked up drug dealers and I haven't needed to ask them about their crimes. I watched you sell the guy drugs from a covert location. I approached you, you ran, I tackled you, and I found drugs in your pocket. I have no need to ask him about the events that just unfolded, so I have no need to advise him of his Miranda rights.
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