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Old July 1, 2011, 01:40 AM   #128
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Join Date: November 15, 2007
Location: Outside KC, MO
Posts: 10,128
40caljustice, I'm not a lawyer, let's get that out of the way early. I'm reaching back to an undergrad criminal law course from a couple decades ago, and various reading on the subject.

Look up "excited utterances."

Note CaptCharlie's point about letting guys stew in the car; no questions have been asked; no questions are being asked. If the suspect chooses to blurt something out, his lawyer may have a lot of trouble getting any such statement thrown out.

Those are just two examples where Miranda may not be determined to apply. I'm sure there are others, but again, I am not an attorney.
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