12-03-2004, 08:29 AM | #1 (permalink) |
Pickles
Location: Shirt and Pants (NJ)
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Law question: not read rights.
I wasn't quite sure what section to put this in so I'll put it here, if its in the wrong spot feel free to move it
And just for the record, no I wasn't arrested but this applies to someone i know. This friend was arrested, and charged and at no point during this process was he read his rights. How can this effect any legal action against him? Can he use this in any beneficial way? I know it would be his word against the cop's, but in the age of things like dashboard cams and such evidence can exists to help prove that he was not read them. Thanks in advance
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12-03-2004, 08:33 AM | #3 (permalink) |
Guest
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You cant be arrested without being read your miranda rights. Have him go into the courtroom screaming about the ACLU, and claiming every right imaginable has been violated. I've been arrested upwards of 10 times, and i only have one charge on my record, which was dropped down from a felony to a misdemeanor.
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12-03-2004, 08:35 AM | #5 (permalink) |
Junkie
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Ahhh...the magical age of television.
I don't have to advise you of your Miranda rights unless I'm planning to interview you regarding the crime that you were arrested for. Questions related to booking/processing are not covered. I rarely say to a person "you have the right to remain..." If I am planning on interviewing them, there's forms in the interrogation room that we use. We both read the form, and then we both sign the form. If your friend was interviewed and asked questions about the crime, anything he said can not be used in court. Other than that, it doesn't make a difference. Oh yeah, and I don't have to let you make a phone call either, but I will, if you behave. /officer friendly |
12-03-2004, 08:37 AM | #7 (permalink) | |
Junkie
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Miranda only applies to custodial interrogations, not the arrest process itself. |
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12-03-2004, 08:41 AM | #9 (permalink) |
Pickles
Location: Shirt and Pants (NJ)
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I thought they can take you into custody and keep you there for a certain amount of time before you are released w/o any charges, and then you may not need to be read your rights. But if they press charges you'd have to have them read to you at some point? Otherwise whats the point of being read them at all unless during the process you are screaming out "i did it! i did it!!".
Edit: typolicious
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We Must Dissent. Last edited by ObieX; 12-03-2004 at 08:44 AM.. |
12-03-2004, 08:46 AM | #11 (permalink) | |
will always be an Alyson Hanniganite
Location: In the dust of the archives
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You picked up on that, eh?
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"I distrust those people who know so well what God wants them to do because I notice it always coincides with their own desires." - Susan B. Anthony "Hedonism with rules isn't hedonism at all, it's the Republican party." - JumpinJesus It is indisputable that true beauty lies within...but a nice rack sure doesn't hurt. |
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12-03-2004, 08:47 AM | #12 (permalink) |
Junkie
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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. |
12-03-2004, 08:51 AM | #13 (permalink) | |
All Possibility, Made Of Custard
Location: New York, NY
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(BTW, he still claims he was "giving" the drugs to his friend Moishe for his "glaucoma." I'm just saying.)
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12-03-2004, 08:52 AM | #14 (permalink) | ||
Is In Love
Location: I'm workin' on it
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Absence is to love what wind is to fire. It extinguishes the small, it enkindles the great. |
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12-03-2004, 08:52 AM | #15 (permalink) | |
Registered User
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I don't think this is always true. In fact I think it's the other way around in most cases. I have respect for cops, firemen or any other public worker. They get paid in peanut shells and they hear shit all day. Maybe if people had a little more respect for them and their authority, they'd be a little calmer. That being said, you'll always find one rotten apple in the bunch. You can't hold this against the entire group. This is coming from someone that's had well over 30 speeding tickets and other brushes with the law. If they didn't give a shit about people they wouldn't be out there risking their lives for people on an everyday basis. |
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12-03-2004, 08:52 AM | #16 (permalink) | ||
Junkie
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Last edited by Carn; 12-03-2004 at 08:54 AM.. |
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12-03-2004, 08:54 AM | #17 (permalink) | |
Insane
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From http://usgovinfo.about.com/cs/mirand.../mirandaqa.htm
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12-03-2004, 08:55 AM | #18 (permalink) |
Pickles
Location: Shirt and Pants (NJ)
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K so anything he said during the process can't be used against him in any way shape or form. Thats good to know atleast. Not quite the amount of good news i was expecting but still good news.
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12-03-2004, 08:58 AM | #20 (permalink) | |
will always be an Alyson Hanniganite
Location: In the dust of the archives
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__________________
"I distrust those people who know so well what God wants them to do because I notice it always coincides with their own desires." - Susan B. Anthony "Hedonism with rules isn't hedonism at all, it's the Republican party." - JumpinJesus It is indisputable that true beauty lies within...but a nice rack sure doesn't hurt. |
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12-03-2004, 09:01 AM | #22 (permalink) | |
Registered User
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there's nothing wrong with having strong opinions on things. I have strong issues with the ALE but like you said that's a different story. Regardless we have to show respect and try to change what we can for good. I have strong issues with legislature that is trying to stop raving. Yes raving doesn't mean there are drugs.. so that's why I have issues with it. /me stops hijacking thread |
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12-03-2004, 09:03 AM | #23 (permalink) |
on fire
Location: Atlanta, GA
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basically, If he admits to the crime and they try to use that, it can & should be thrown out of court. The law is put in place to protect people who dont know their rights, but it is a nice tool to get out of saying things you wish you had not said.
But, it all comes down to the judge... I have had judges that really dont care about the facts/laws. If they have a predisposed opinion on you/the case that is the end of it. |
12-03-2004, 09:14 AM | #24 (permalink) | |
Junkie
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12-03-2004, 09:18 AM | #25 (permalink) | |
will always be an Alyson Hanniganite
Location: In the dust of the archives
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__________________
"I distrust those people who know so well what God wants them to do because I notice it always coincides with their own desires." - Susan B. Anthony "Hedonism with rules isn't hedonism at all, it's the Republican party." - JumpinJesus It is indisputable that true beauty lies within...but a nice rack sure doesn't hurt. |
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12-03-2004, 09:32 AM | #26 (permalink) |
Addict
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If your buddy's lawyer is bright he'll wait until the officer is in court stating what your friend has said before dropping the miranda bomb. Rather use it to dismiss EVERYTHING a witness has said than give him a chance to say things after it that wouldn't be considered inadmissible. Pretty much, just let him say his whole schpiel and let the judge stirke it ALL from the record.
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12-03-2004, 09:33 AM | #27 (permalink) | |
on fire
Location: Atlanta, GA
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12-03-2004, 10:44 PM | #30 (permalink) |
Insane
Location: Ithaca, New York
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Actually, I think that your friend's statements can be used in court, just not in his own trial.
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12-03-2004, 11:19 PM | #31 (permalink) | |
Registered User
Location: Texas
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12-04-2004, 09:48 AM | #32 (permalink) |
Pissing in the cornflakes
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I must have done something wrong in life, the worst thing I ever got caught for was allow a friend to ride on the back of my one person scooter and I didn't have my insurance card on me.
I guess I should have been arrested more or something...
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Agents of the enemies who hold office in our own government, who attempt to eliminate our "freedoms" and our "right to know" are posting among us, I fear.....on this very forum. - host Obama - Know a Man by the friends he keeps. |
12-06-2004, 04:16 PM | #34 (permalink) | |
Crazy
Location: n hollywood, ca
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12-07-2004, 06:47 PM | #35 (permalink) |
Addict
Location: P-Town, WA
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hey fhqwhgads don't you just love how people interpret shows like Law & Order and CSI as reality, im majoring in criminal justice in college and i hear this kind of stuff all the time from class mates that think this way =)
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Old signature just wasn't doing it for me anymore, so now I have this new one. It's equally as stupid but at least it looks really long. I'm probably just going to keep typing until I run out of things to babble about and see how many people actually read this. I once ran down a hill, fell down and hurt my elbow; my mom said I would be ok, she kissed it and made it all better. I've run out of things to say now, so if you have read this whole thing, congratulations you get a gold star! |
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law, question, read, rights |
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