Police question

[tonyferelli]

If you are arrested, and they forget to read you your Miranda rights and do it like say as soon as 10 minutes later, could the case still be thrown out because they didn't state them to you while arresting you?

[medicinecloset]

They can beat that nowadays i'm afraid. They can claim it took as long as necessary to secure the environment and occupants before Miranda Rights have been given. They find new ways everyday to "bend" the Laws themselves. Ridiculous. Just assume your inalienable right to remain silent. Get a lawyer Right away.

[Mr.Moonbiscuit]

as long as they read them to you before you hit the station they are in the clear.

[tonyferelli]

Yeah, I wasn't sure if mentioning it later would fly, but didn't really think it did either.

[drifter]

around here you arent technically under arrest until they have cuffed you, put you in the car, read you your rights and you hit the station/intake.
Up till the point that you hit intake, your just being detained. Or so they claim.

Ive never been arrested myself (thankfully!)
Best thing to keep you out of jail is to know your rights.
Second thing would be to stay within reasonable limitation of those rights so that they may be used to protect you.
But....above all....try to stay out of friggin trouble man.

Start flying by the old saying "out of sight out of mind" it helps more than most would like to believe.

[SomeDude]

see no evil, speak no evil, hear no evil

[MedGarden420]

I was arrested, convicted and put in jail and was NEVER read any rights. I didn't even get a ticket. I received a letter in the mail 6 months later telling me to appear in court. After court they put me in jail over night. (I broke a window with my fist when some guy ripped off my oldest son for some weed. Guess what the punk did? Called the cops and HE was the one SELLING the weed. rolling eyes Not the brightest bulb in the box.

[SomeDude]

around here, it's whoever calls the cops first wins

[Michael]

They can't question you before they read you your rights.

They can detain you for days in most states - 72 hrs in Texas - without any charges, let alone having your rights read.

[CoNtRoVeRsIaL]

Ive had cop's run up on me, start a confrontation without EVER stating they were Police,

this one time when i got pissed off and started getting in there face's talkin ****,
He said ,looking at the other guy(cop)

" Did you hear what he just said to a Officer of the Law?"

Bout to get a few Donut's stomped outta that ass

[mmariza]

Miranda v. Arizona (consolidated with Westover v. United States, Vignera v. New York, and California v. Stewart), 384 U.S. 436 (1966), was a landmark 5-4 decision of the United States Supreme Court which was argued February 28–March 1, 1966 and decided June 13, 1966. The Court held that both inculpatory and exculpatoryMiranda v. Arizona (consolidated with Westover v. United States, Vignera v. New York, and California v. Stewart), 384 U.S. 436 (1966), was a landmark 5-4 decision of the United States Supreme Court which was argued February 28–March 1, 1966 and decided June 13, 1966. The Court held that both inculpatory and exculpatory statements made in response to interrogation by a defendant in police custody will be admissible at trial only if the prosecution can show that the defendant was informed of the right to consult with an attorney before and during questioning and of the right against self-incrimination prior to questioning by police, and that the defendant not only understood these rights, but voluntarily waived them statements made in response to interrogation by a defendant in police custody will be admissible at trial only if the prosecution can show that the defendant was informed of the right to consult with an attorney before and during questioning and of the right against self-incrimination prior to questioning by police, and that the defendant not only understood these rights, but voluntarily waived them// back in my hay days i was arrested and was never read my rights even when they did the interview and cause of that the case was thrown out but now a days all they have to do is get another officer saying that yes his rights were read to him and you are spit out of luck

[Lumix]

So what's the question?

[Pappy]

Anything you don't say, can't be held against you in a court of law.

Admit nothing, deny nothing, say nothing; except and until, you have a "mouthpiece".


Pappy

[medicinecloset]

Originally Posted by Pappy

Anything you don't say, can't be held against you in a court of law.

Admit nothing, deny nothing, say nothing; except and until, you have a "mouthpiece".


Pappy

This is really the ONLY advice you need to follow if the worst does happen. It's your right to stay mum! Use it like ya said until you get an Attorney. NO MATTER WHAT THEY SAY OR THREATEN YOU WITH SAY NOTHING!!!!!!!!!!!!!!!!!!!! This is the life we have chosen and anyone doing this needs to take all of this under VERY CAREFUL consideration before venturing into it.
Great advice Pappy!

[Pullo]

Unless you are a member of the bar association, it is better to be aware of your rights, then to spout them out to an investigating LEO.

Silence is the only answer.

LEO's are not lawyers, they are trained with only the most cursory legal knowledge that focuses on statutory violations.
In my experience, 65% of people in jail put themselves there because they ran their pie-holes.
Questioning or arrest by LEO is not the time to show off your "TV" legal knowledge.
If you are unable to keep your mouth shut, you better bring a toothbrush.

Silence is the only answer.

[Liberty]

po-po can do what they want...they can only use what you say legally after they claim to have mirandized you

[CoNtRoVeRsIaL]

i agree, silence is the key,

[foevablunted]

Originally Posted by Mr.Moonbiscuit

as long as they read them to you before you hit the station they are in the clear.

in my state they dont have to read you your rights. Cause people dont answer them when they get to "do you understand these rights" now you have to read them and sign it at the station. " I never sign it" You will not get bail. You will be sent to county until araignment, but ultimately safer.