Miranda rights

[berto]

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]

it is usually the officers word. sometimes it is recorded, but it is not required to be

[Jonathan Doe]

Some agencies have the suspects understand and sign a card line by line on the rights.

[1911su16b870]

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]

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]

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]

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]

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]

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]

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]

deleded wrong thread

[BigDogatPlay]

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]

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]

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]

I document it in my report. The only proof is my word. That's why if I lie I get fired.