Miranda rights

[bluestaterebel]

oops wrong thread

[tyrist]

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]

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]

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]

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]

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]

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]

One of the worst things any LEO wants to hear read to them is their Miranda rights in any form.... just sayin.

[cyphr02]

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.