Free Republic
Browse · Search
Bloggers & Personal
Topics · Post Article

To: Macho MAGA Man

Please let me know what the law is. I thought Miranda rights were given only after a person is arrested.


13 posted on 06/23/2022 11:25:00 AM PDT by o-n-money (Not my president: WRONG Not the president: RIGHT)
[ Post Reply | Private Reply | To 1 | View Replies ]


To: o-n-money

You got it!!


17 posted on 06/23/2022 11:26:49 AM PDT by Sacajaweau ( )
[ Post Reply | Private Reply | To 13 | View Replies ]

To: o-n-money

Miranda applies to custodial interrogation, not mere interviews.


26 posted on 06/23/2022 11:36:57 AM PDT by jagusafr ( )
[ Post Reply | Private Reply | To 13 | View Replies ]

To: o-n-money

Mirandizing applies at the point at which the person becomes targeted as an actual criminal suspect. In this case the person being asked questions was already the subject of a rape compliant, o it’s hard to argue they weren’t a suspect. Police can ask non-suspects informational questions all day long without Mirandizing. If the police asked something like, “Heard any good rape claims about this hospital lately?”, and the person confesses, that’s not a Miranda problem.

The court’s ruling the status quo in place. The only remedy for Miranda violations remains excluding statements (and evidence that derived from them) from court when made prior to a criminal suspect being “Mirandized”. The suspects can’t sue the investigator for not Mirandizing them. The ruling does zip to the 5th amendment.


44 posted on 06/23/2022 12:57:19 PM PDT by Chewbarkah
[ Post Reply | Private Reply | To 13 | View Replies ]

To: o-n-money
"I thought Miranda rights were given only after a person is arrested."

You are correct. First though, officers are not required to Mirandize someone just because they make an arrest. But, once the person is in custody, then the Miranda rights must be read before the suspect is questioned.

47 posted on 06/23/2022 3:53:58 PM PDT by Enterprise
[ Post Reply | Private Reply | To 13 | View Replies ]

Free Republic
Browse · Search
Bloggers & Personal
Topics · Post Article


FreeRepublic, LLC, PO BOX 9771, FRESNO, CA 93794
FreeRepublic.com is powered by software copyright 2000-2008 John Robinson