[freedomwarrior998]

Miranda only applies to custodial interrogation. I find it rather amusing that numerous "internet lawyers" think that there is some obligation by the police to read you Miranda rights every time they are dealing with you.

On top of that, there are numerous exceptions to the Miranda requirement.

[The Magical Mischief Tour]

Miranda only applies to custodial interrogation. I find it rather amusing that numerous "internet lawyers" think that there is some obligation by the police to read you Miranda rights every time they are dealing with you.

Was he free to leave?

[oneolcop]

Custodial detention: Was the subject free to leave? NO. Did the officer ask him anything that would or might lead to arrest? The subject did not know one way or the other. Did the officer place the subject in handcuffs and in the back seat of a police car? Yes Totality of the circumstances would lead the subject to believe he was not free to leave therefore it was CUSTODIAL DETENTION

[oneolcop]

Custodial detention: Was the subject free to leave? NO. Did the officer ask him anything that would or might lead to arrest? The subject did not know one way or the other. Did the officer place the subject in handcuffs and in the back seat of a police car? Yes Totality of the circumstances would lead the subject to believe he was not free to leave therefore it was CUSTODIAL DETENTION

[Words of Art]

Hmmm? well when police pull you out of you car and handcuff you, and you’re placed in the back of a cop car, you are in deed under arrest. It’s nice to know that some people like to believe that there are “exceptions” to one’s RIGHTS. Perhaps you should actualy READ the miranda warning. Read the definition of “Arrest”. Maybe even READ the Second Amd. for the Constitution of the United States of America, you know the part that specifically states “Shall NOT be infringed”. Too many cowardly sissys wearing badges like to feel they are above the law, and too many idiot lawyers like to think people are actually ignorant of their rights, and like to use legal terms like “exceptions”. People don’t need to take a test to “practice” law, to actually “know” the law.