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Old June 30, 2011, 11:39 PM   #126
40caljustice
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Join Date: March 10, 2011
Location: Chesterfield Va
Posts: 199
Quote:
Originally Posted by bds32 View Post
Just a little more clarification on this comment. Miranda only applies to "custodial interrogation." This doesn't always have to be a formal arrest such as when you are told you are under arrest and the handcuffs are placed on you. If a reasonable person would have believed that they were in police custody, then Miranda would apply. Examples of this may include when the officer directs your movements, takes you to the police department, interrogates you for hours, does not let you leave, etc. It is a very fact specific situation and is entirely based on what the officer says and does. In the absence of "custody", a police officer can ask you anything and everything, no matter how incriminating, without Miranda. There have been many cases where a guy, not in custody, has confessed to a murder at a police department, and was ruled not in custody so the confession was good.

One thing to consider here, just food for thought, when it comes to talking to police. I do agree that you should have a lawyer but I suggest you get one very quickly and talk it over with him or her immediately. A police detective who can't get information from you to assist in his investigation may have to stick you in jail overnight until he has more facts. A simple analogy is the person who won't do field sobriety tests or answer questions related to the DWI stop. In the vast majority of the cases, the person is going to spend the night in jail. This may be perfectly okay with you but I thought I would mention it. Probable cause for arrest is a very low standard of proof as compared to any eventual prosecution.
So in summary, unless the officer places you under arrest, the miranda rights don't have to be told to you? They can say or do anything to get what they want then arrest you? I'm a bit confused or I didn't fully understand your post. This is something I know absolutely nothing about. Could you explain it to me?
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