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When does a police officer announce the Miranda rights to a person in custody?
Wiki User
∙ 2011-01-24 04:56:29
The policy for exactly when the rights must be read varies by state. Some situations require the police to read the Miranda rights to somebody who is talking to the police outside of the station. If you are not allowed to leave the presence of the police officer, you should be read you Miranda rights.
Wiki User
∙ 2011-01-24 04:56:29
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When is the Miranda warning not needed?
The Miranda warning is only required when there is both custody and interrogation. A person in custody who is not being interrogated does not require Miranda. A person who is not in custody being questioned by the police does not require Miranda. The only situation that requires Miranda is when a person is in custody and is being interrogated by the police. It is not needed any other time.
Why is it Miranda warning requisite to your investigation?
The Miranda Warning is requisite to investigations that involve questioning a person that is in the custody of a law enforcement officer. This warning is given to inform the person of their rights prior to questioning, which is required based on Miranda v. Arizona.
When should the Miranda warning be given?
Miranda warnings are only required when a person is in custody (under arrest), or has reason to believe they are in custody, AND law enforcement wishes to interrogate them.
Is it legal to question some one without giving Miranda rights?
Yes. The issue is custody. When a person is in police custody they should be given Miranda if the police intend to use their answers against them. Until they're in custody (not allowed to leave) authorities can question a person to any degree they wish.
Can you be tried for case without giving Miranda warning?
Miranda is only required when there is both custody and interrogation. A person must be in police custody and must be subject to interrogation for the rules regarding Miranda to apply. It is entirely possible for the police to develop probable cause and arrest a person without speaking with them first.
What are the results of Miranda vs Arizona?
Arresting Officer don't have to issue the Miranda warning when making an arrest for instance a crime committed in the presence of an Officer or a third party saying that person committed a crime the rule of thumb is Custody and asking questions about a crime = Miranda warning, common question like address, name, age ext. no Miranda, spontaneous utterance like I didn't mean to hurt or kill that person could be used in court Judge would have to decide but after a spontaneous utterance like above Miranda must be giving.
When an arresting officer reads an accused person their rights it is an example of what?
Miranda Rights.
Can you win a court trial if a cop did not read your Miranda rights before putting you in handcuffs and puting you in a police car and taking you to the police station?
Not necessarily A police officer need only advise you of your Miranda rights if you are "A" in custody and "B" prior to asking you any questions that may solicit incriminating responses. It is a misconception that police officers must advise you as soon as you are placed in handcuffs. They have to be questioning a person in custody before Miranda applies.
Is a cop required to advise of Miranda warning before asking for permission consensual to search from a person in custody?
No, the Miranda Warning and a search have nothing to do with each other. The Miranda Warning is required before a custodial interrogation.
Can an officer take a person in custody without a custody order?
CUSTODY or make an arrest? What do you mean by custody? If he is picking somebody up it requires a judges order (warrant), and for a judge to sign a warrant, the police have to provide the judge with probable cause. An officer can make take someone into custody if a probation officer reports a probation violation or if the officer witnesses the person committing the crime. If an office doesn't follow proper procedure, has to answer to the court as to why he did what he did. There are checks and balances that help prevent violations of these rules, in most cases.
To meet the custody element of Miranda do you think that the person has to be arrested or in custody for custody to be present?
They have to reasonably believe that they are not free to leave. Example: someone could be sitting in the back of a police car not handuffed with the door locked and believe that they are not free to leave.
How has Miranda vs Arizona changed the arrest and interrogation process?
it set forth and clarified a suspect's Fifth Amendment Rights to remain silent and to have access to a lawyer before answering questions. Arresting Officer don't have to issue the Miranda warning when making an arrest for instance a crime committed in the presence of an Officer or a third party saying that person committed a crime the rule of thumb is Custody and asking questions about a crime = Miranda warning, common question like address, name, age ext. no Miranda, spontaneous utterance like I didn't mean to hurt or kill that person could be used in court Judge would have to decide but after a spontaneous utterance like above Miranda must be giving.
