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Old July 1, 2011, 01:24 AM   #127
Senior Member
Join Date: November 15, 2010
Location: United States of America
Posts: 1,877
So in summary, unless the officer places you under arrest, the miranda rights don't have to be told to you?
that is not true. It can be complicated, and the decision can be made by a judge at the time of trial give or take a little time. It is in the Officer's best interest(in my opinion) to read the Miranda rights sooner than later when making an arrest, planning on making an arrest, and/or when he knows an arrest is going to be made(example only: they just caught up to and captured a perp after a felony car chase).

There are times when an Officer might also say something on another interaction such as: "You are not under arrest. I am just detaining you until I have a better understanding of what exactly is going on. What is going on here tonight?" Just because an individual has not been read his miranda rights at this point, that doesn't mean what this individual says up until he/she is arrested can't be used against them in a court of law. However, a Judge has the final say on this if the issue comes up. Sometimes people are detained in cuffs too for the safety of the Officer(s). This doesn't necessarily mean the cuffed individual is going to be arrested.
"Damn the torpedoes, full speed ahead!" -Admiral Farragut @ Battle of Mobile Bay 05AUG1864
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