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berto
04-26-2009, 12:39 AM
LEOs,

What, if any, proof is there that a suspect was read his rights? Is it all voice recording? Is there a form that's signed by the suspect or a witnessing LEO? Just curious.

Thanks. And thanks for going out there every shift.

bluestaterebel
04-26-2009, 12:50 AM
it is usually the officers word. sometimes it is recorded, but it is not required to be

Jonathan Doe
04-26-2009, 8:42 AM
Some agencies have the suspects understand and sign a card line by line on the rights.

1911su16b870
04-26-2009, 9:08 AM
Remember Miranda is only before interogation(s).

The larger departments have forms (in english and spanish) with the Miranda warning written out and the person signing the form that they understand.

paintballergb
04-26-2009, 9:22 AM
Remember Miranda is only before interogation(s).

The larger departments have forms (in english and spanish) with the Miranda warning written out and the person signing the form that they understand.

Agree with a lot of agencies requiring a signature.

PatriotnMore
04-26-2009, 9:30 AM
Correct me if I m wrong, but didn't the courts rule that Miranda was assumed if you were being placed under arrest, therefore LEO did not need to explain it?

jamesob
04-26-2009, 9:34 AM
we had another officer stand by when they we read miranda. once we actually started asking them ?'s we would record and verify with them again that we did read miranda and that they understood all of their rights.

sgtbuck
04-26-2009, 9:34 AM
I was taught when giving the Maranda I had to read it word for word off a card. Even If I knew it I was still to read it form the card. Also keep in mind If your not going to question the suspect you do not have to give it.

jamesob
04-26-2009, 9:37 AM
Correct me if I m wrong, but didn't the courts rule that Miranda was assumed if you were being placed under arrest, therefore LEO did not need to explain it?
not that i'm aware of, alot of people do not have the capacity to understand what the hell you are saying anyways let alone that they already know they have rights.

Grumpyoldretiredcop
04-26-2009, 10:15 AM
Correct me if I m wrong, but didn't the courts rule that Miranda was assumed if you were being placed under arrest, therefore LEO did not need to explain it?

Sounds like you might be thinking about a case that was published before I retired (about 3-4 years ago) in which the Court ruled that since the Miranda rights were so commonly seen in TV (I remember that the Court used the term, "pervasive") that there was some presumption that a majority of the population were aware of Miranda in some form. I don't have the citation but I bet someone here can come up with it.

When arresting a suspect, the Miranda admonition is not required. Before an officer initiates questioning, absent any of the exceptions, it is. Under some circumstances, questioning "outside Miranda" can be admitted. Being a line troop, I didn't try the "outside Miranda" conditions, but also never Mirandized unless I had reason to ask potentially incriminating questions there and then.

Administrative questions, such as requests for information used in filling out a booking form (name, address, etc.) generally don't fall under Miranda either.

bluestaterebel
04-26-2009, 10:20 AM
deleded wrong thread

BigDogatPlay
04-26-2009, 10:42 AM
There is no longer a requirement to read it verbatim from a printed card or form as Grumpyoldretiredcop notes. I don't recall the case citation and I know I've pretty much tossed all my old training stuff in the two years since I got out.

As an investigator when ever I did a formal interview or interrogation, even if the subject had already been blessed, I blessed them again from the printed form and had them sign and date it. And all formal interviews and interrogations were taped, always audio and video as well once we had that installed.

haodoken
04-26-2009, 3:16 PM
We get a department issued card which we pull out and read verbatim. The time is noted by radio and in the report. Additionally, we have video/audio on at all times during any contact. Talk about covering your bases but that's policy for us. No requirement for them to sign any doc saying they've been read their rights.

yzernie
04-26-2009, 3:23 PM
There is no law that mandates us to audio or visually record the Miranda Advisal. Many departments have adopted procedures (or policies) that require a written document be signed by the suspect and the interview be audio or visually recorded. I think those requirements where put in place to help the officers protect their credibility in court.

nobody33
04-26-2009, 8:10 PM
I document it in my report. The only proof is my word. That's why if I lie I get fired.

bluestaterebel
04-26-2009, 8:44 PM
oops wrong thread

tyrist
04-26-2009, 10:40 PM
It doesn't have to be recorded. The best time to read it is right after you cuff them up...but don't ask any questions till you are back at the station.

eta34
04-27-2009, 9:52 AM
It doesn't have to be recorded. The best time to read it is right after you cuff them up...but don't ask any questions till you are back at the station.

I disagree with this strongly. I rarely, if ever, immediately Mirandize someone immediately after taking them into custody. I think this is a very bad idea. Often times, the suspect is in an agitated state and will immediately ask for an attorney. Once that happens, you are done. I have found that by being silent, the suspect often starts talking unprovoked.

sgtbuck
04-27-2009, 10:12 AM
I disagree with this strongly. I rarely, if ever, immediately Mirandize someone immediately after taking them into custody. I think this is a very bad idea. Often times, the suspect is in an agitated state and will immediately ask for an attorney. Once that happens, you are done. I have found that by being silent, the suspect often starts talking unprovoked.

I know I have been out of it for a few years now but remember it was required to Mirandize a Juvenile as soon as we made contact. Is this still done?

eta34
04-27-2009, 10:34 AM
I know I have been out of it for a few years now but remember it was required to Mirandize a Juvenile as soon as we made contact. Is this still done?

This is a big misconception. Miranda applies equally to juveniles and adults. There is not require to "Mirandize" a juvenile immediately. Custody plus interrogation equals Miranda, regardless of age.

However, the Welfare and Institutions Code requires the officer provide a minor an explanation of several rights as soon as practical upon arrest. The Miranda admonishment fulfills these requirements, which is why many say that one must Mirandize a juvie immediately.

1911su16b870
04-27-2009, 10:48 AM
Miranda applies after you have arrested and before you interogate. It does not apply during consensual contacts and/or field officer "Code-6" investigations.

LongRangeShootin
04-28-2009, 11:25 AM
now, wouldnt you just love to hear these miranda rights being read to ya:???

HAHAHAHAH!

"You have the right to remain silent. Anything you say can and will provolk one heck of an azz whoopin.. You have the right to an attorney present during questioning. If you cannot afford an attorney, our court system can make sure that you get the DUMBEST lawyer on earth.Do you understand these rights?
You can decide at any time from this moment on to terminate the interview and exercise these rights. if you so wish to terminate this interview, we will turn the cameras off, and the voice recorders and beat the livin crud out of you with the thickest telephone book we can find"
do you understand these rights, and if not to Fing bad,cause thats all ya gonna get!"

BigDogatPlay
04-29-2009, 6:27 AM
One of the worst things any LEO wants to hear read to them is their Miranda rights in any form.... just sayin.

cyphr02
04-29-2009, 8:00 AM
Correct me if I m wrong, but didn't the courts rule that Miranda was assumed if you were being placed under arrest, therefore LEO did not need to explain it?

We covered this in one of my ConLaw classes. I'm trying to find the case for it, but I'm pretty sure the defendant was trying to use the fact that he was not 'Mirandized' as a loop hole to get out, though it was found he was aware of his rights regardless of having them read to him. I think it stood as a suspect was assumed to be aware of their rights to remain silent and to a lawyer in most cases, and left it as a pretty strong shade of grey, but not totally black and white.