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Miranda rights only apply to custodial interrogation. This is a two part determination of are you in custody and are you being interrogated. Unless both elements are there, Miranda is not required. Even if they fail to give you your Miranda rights all that happens is that your statements cannot be used in court.
Custody and interrogation are fact specific. You can be in custody without being arrested. You can be asked questions without it being an interrogation.
For example, a traffic stop is not normally considered custodial and anything you say is admissible. If you and your buddy are arrested, placed in the back of the police car and they record your conversation, it is admissible since you were not being interrogated.
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∙ 14y ago
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What are all cops required to ask?
Cops are required to state your Miranda rights.
Can the police search you without reading you your rights first?
The Miranda Rights have nothing to do with a search or seizure. The Miranda Rights are only read prior to a custodial interrogation, which a search and/or seizure is not.
What rights do men have if they are assulted by their wives?
The very same rights as women. Be prepared for the cops to not take you seriously, though.
Can they fingerprint and photograph you without reading you your Miranda rights?
Yes if they deem you unable to comprehend the question. i.e. you're drunk.
When do an officer have to read you your rights?
If you are being arrested, you should be read your Miranda rights. Up to that point, the officer may ask you questions without reading you your rights. You are not obligated to answer any questions beyond identifying yourself.
Citizens legal rights against cops in Arizona?
None, if you're black.
What are your 17-year-old girlfriend's rights if she lives in Canada and can her parents call the cops if she leaves without consent?
Most likely they can call the cops and make her move back, so I would suggest to you if she moves out and is living with you, to make sure the parents don't even have a clue where to search for her.
Infringe used in a sentence?
The police officer began to infringe upon my rights when he arrested me without reading me them. The definition of infringe is to encroach upon in a way that violates law or the rights of another.
What is the primetime show without a host or actors?
Cops
Can a seventeen year old leave the house without parent permission and can you call the cops to get them back?
The legal age of majority in most places is 18. In some cases, a seventeen-year-old may be considered a runaway if they leave home without permission. You can contact law enforcement if you are concerned for their safety, but they may not force the minor to return home unless there are extenuating circumstances.
Why cops are needed?
Cops(police officers) are needed because people need protection. Without cops, people won't live because of the violence. Police officers are cops that fights crime and stop the violence.
is it illegal for a rent a cop to hand cuff you and search you,without reading you your rights?
There aren't sufficient documents on file that support whether this is legal or not.
