legal question

[Willy36]

A friend (yes, really a friend, not me) got in a bit of trouble with the law last weekend. I don't know the details so I don't want to post up what happened and then get wrong answers. But anyways another friend who has had trouble with the law before said they should have read him his Miranda rights and they didn't. Until I find out exactly what went down, I'm just curious, when does a LEO have to read someone their rights?

[Big Dave]

http://www.usconstitution.net/miranda.html

[DaJudge]

A friend (yes, really a friend, not me) got in a bit of trouble with the law last weekend. I don't know the details so I don't want to post up what happened and then get wrong answers. But anyways another friend who has had trouble with the law before said they should have read him his Miranda rights and they didn't. Until I find out exactly what went down, I'm just curious, when does a LEO have to read someone their rights?
Custodial interrogation. Not in custody? No advisement needed. No interrogation (Officer questions or actions designed to elicit a response)? No advisement needed.

In court I hear it all the time. "It was an illegal arrest because they didn't read me my rights." My usual response, "They don't have to. It's not like on TV where they recite as they put on the cuffs. If you weren't in custody or were and made a voluntary statement they can use it. If they should have advised you and didn't it's still a good arrest; they just can't use what you said. All the other evidence is still good."

[DaJudge]

http://www.usconstitution.net/miranda.html
That's not real helpful or accurate:

"Since then, before any pertinent questioning of a suspect is done, the police have been required to recite the Miranda warning." (My emphasis.) What does 'pertinent questioning' mean? In CO it means 'custodial interrogation' (see above). It may mean something else in other States as they can provide greater protection than the US Constitution requires. (See the 'arrest prohibited by State law is OK under the 4th Amendment' thread.)

[Grant]

The above posts are good answers.

An even shorter answer: When you're in custody and being interrogated (asked questions about the specific crime you were arrested for.)

[Willy36]

Thanks for the responses. From what I did gather, it seemed like he was never taken into custody so I was thinking they didn't have to mirandize him. Kinda sucks for him though.

[potter]

there was that kid on here last week who got that underage drinking ticket. same person perhaps?

[ZappBranigan]

Sorry, I know the question has been answered but I couldn't stay away from this:

But anyways another friend who has had trouble with the law before said they should have read him his Miranda rights and they didn't.

I can't think of a worse source for legal advice than your "friend who has had trouble with the law before." :rolleyes:

After all, if he knew anything about the law, he probably wouldn't have trouble with it, would he? :D

[Willy36]

there was that kid on here last week who got that underage drinking ticket. same person perhaps?

Nah never met that guy. Let's just say Mary Jane was involved in this one. ;)

Sorry, I know the question has been answered but I couldn't stay away from this:



I can't think of a worse source for legal advice than your "friend who has had trouble with the law before." :rolleyes:

After all, if he knew anything about the law, he probably wouldn't have trouble with it, would he? :D

Well yeah, it's general knowledge among people who know this particular kid that his statements are never to be taken as true without some other proof. :D

[DaJudge]

Custodial interrogation.

An even shorter answer: When you're in custody and being interrogated (asked questions about the specific crime you were arrested for.)
Which answer is shorter? :flipoff2:

[Breck4x4[John]]

Nah never met that guy. Let's just say Mary Jane was involved in this one. ;)

He was down in Civic Center Park, :tisk:

[ColoJeeper]

In Colorado.....don't answer any questions when you are detained. Tell them your name, and give your ID when it is requested. Anything you say will be misquoted and used against you.

And as far as custody....they will tell you they can question you without your Miranda rights being read, because you were not being held, but just try walking away and see what happens.

[cheftyler]

In Colorado.....don't answer any questions when you are detained. Tell them your name, and give your ID when it is requested. Anything you say will be misquoted and used against you.

And as far as custody....they will tell you they can question you without your Miranda rights being read, because you were not being held, but just try walking away and see what happens.

What size tin foil hat do you wear?