law question!! your rights...

[oonighttrain]

have a friend that was arrested.. however, the cop NEVER read him his rights when he took him into custody..


if im not mistaken dont they HAVE TO READ YOU YOUR RIGHTS????

 

[Rubberdown!]

Correct! And NO COMMENT!

 

[CuzzinOlaf]

It would be his word against the cop's.

 

[Sidehiller]

They are not required to read you your rights. I thought they were untill the last time I was cuffed & stuffed.

 

[buck50]

They are not required to read you your rights. I thought they were untill the last time I was cuffed & stuffed.

this post is useless without pics!!!!!!!!

 

[modsledr]

Did they read him his rights at the station during booking?

Did the arresting officer question him, or just arrest him for commiting a crime the officer was witness to?

 

[Horsepower800]

Did he break the law or didnt he,? Is your friend honest or isnt he, thats the real question, Nobody wants to take accountability for what the do anymore. It's pretty sad to see the direction this country is going. No thanks to lawyers either. Tell your friend to step up and be a man, that will speak volumes about his character and integrity.

 

[MTdream]

have a friend that was arrested.. however, the cop NEVER read him his rights when he took him into custody..


if im not mistaken dont they HAVE TO READ YOU YOUR RIGHTS????

here you go...

http://www.expertlaw.com/library/criminal/miranda_rights.html

 

[khaddon2110]

Did he break the law or didnt he,? Is your friend honest or isnt he, thats the real question, Nobody wants to take accountability for what the do anymore. It's pretty sad to see the direction this country is going. No thanks to lawyers either. Tell your friend to step up and be a man, that will speak volumes about his character and integrity.

You have no idea what he was arrested for to make a remark like that..... I can guarantee that there are plenty of reasons why someone would be arrested or could be arrested, where I would consider them a Honest citizen that is deserving of a big atta boy....

Lets just say for instance that he kicked the *** of a punk that was treating a young lady poorly......Or, maybe, just maybe, he set a boobytrap for a thief that had been repeatably stealing things from him.....

those are just 2 reasons that he could have been arrested and I would say 2 reasons that speak volumes about his character and integrity...Point is, you have no idea why he was arrested, nor do I. I would suggest you shut it until you do!

 

[John]

You have no idea what he was arrested for to make a remark like that..... I can guarantee that there are plenty of reasons why someone would be arrested or could be arrested, where I would consider them a Honest citizen that is deserving of a big atta boy....

Lets just say for instance that he kicked the *** of a punk that was treating a young lady poorly......Or, maybe, just maybe, he set a boobytrap for a thief that had been repeatably stealing things from him.....

those are just 2 reasons that he could have been arrested and I would say 2 reasons that speak volumes about his character and integrity...Point is, you have no idea why he was arrested, nor do I. I would suggest you shut it until you do!


Bingo! You nailed it. I have learned a bunch since I prevented a guy from getting into the rig with my wife. Sure, he went to the hospital but guess who got charged and is out the $13000 for a lawyer and bail only for the case to get tossed at the prelim? It gets better, they have up to 5 years to refile as many times as they want. Great system we have...there are worse, I know, but ours is a mess.

As for Miranda, they have gotten around that for years.

 

[xrated]

http://www.youtube.com/watch?v=jsDtfmfsyi8&feature=related

Damn 5-0 always rolling up on ya when your having fun....

 

[Horsepower800]

I didnt say he was right or wrong, just that he should tell the truth.

 

[MTdream]

I didnt say he was right or wrong, just that he should tell the truth.

two words for you...."Presumed Innocent" and some latin cuz it is fun...

ei incumbit probatio qui dicit, non qui negat (the burden of proof rests on who asserts, not on who denies)

 

[Good to Go]

To answer the question: No.

Miranda is only required once a person is the focus of an investigation AND being asked questions pertinent to the situation (i.e. Asking a person their name, DOB and address does NOT require Miranda).

It's misunderstood, big time. But it's pretty simple.

 

[Anti-Hero]

It really does not matter, if it ends up in court do you think the police person is going to tell the court "yep I forgot to read him his miranda rights" no way in hell. In some cases the police are not required to read miranda rights, also in some cases if you ask to consult your lawyer you have incriminated yourself.

 

[Weekday Warrior]

you have to be in custody (what a reasonable person would consider in custody)

AND



If questioning is about to take place then you must be Mirandized.



A cop can take you into Custody and not question you, so there is no need for Miranda to be read.



It ain't Holywood!

 

[eetmisno]

First prong for Miranda; you are in custody.

Second prong; you are being asked guilt seeking questions.

Washington has a third prong; you are a duly sworn peace officer.

Custody doesn't have to be in handcuffs or jail. Just like what Weekend Warrior said "what a reasonable person would consider in custody".

Supreme Court decision of Hiibel v. Sixth Judicial District Court of Nevada stated asking questions like name, date of birth or address does not violate either Fourth or Fifth Ammendments, thus Miranda is not necessary.