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To: Perdogg
And just to clarify in case anyone isn't clear, the Miranda warning is only required for a "custodial interrogation". Two prongs must be met to require Miranda: the person must be in custody (not permitted to leave), and the person must be questioned. If both/i> of these things happen without Miranda, then statements are generally inadmissible. There is a public safety exception to this rule, in that if it can be reasonably demonstrated that there was some imminent danger to the public, a suspect may be questioned about things like "where is the bomb?". If he says "it's under the boat", that statement can be used against him even if he didn't invoke on Miranda warning. So there's really no point to read him Miranda this early in the game, unless someone doesn't want him to talk and hopes he lawyers up.
29 posted on 04/19/2013 7:13:01 PM PDT by 101stAirborneVet
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To: 101stAirborneVet
And just to clarify in case anyone isn't clear, the Miranda warning is only required for a "custodial interrogation". Two prongs must be met to require Miranda: the person must be in custody (not permitted to leave), and the person must be questioned. If both of these things happen without Miranda, then statements are generally inadmissible.

There is a public safety exception to this rule, in that if it can be reasonably demonstrated that there was some imminent danger to the public, a suspect may be questioned about things like "where is the bomb?". If he says "it's under the boat", that statement can be used against him even if he didn't invoke on Miranda warning.

So there's really no point to read him Miranda this early in the game, unless someone doesn't want him to talk and hopes he lawyers up.

[Format fix.]

30 posted on 04/19/2013 7:15:07 PM PDT by 101stAirborneVet
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