Archived posting to the Leica Users Group, 2002/12/07
[Author Prev] [Author Next] [Thread Prev] [Thread Next] [Author Index] [Topic Index] [Home] [Search]Miranda rights are required for "custodial interrogation." That term is often debated, but basically , if you can't leave, then you must be mirandized. That includes the officer holding your driver's license at a traffic stop if I remember my crimial law correctly. I don't practice that very much. Frank On Fri, 06 Dec 2002 10:40:21 -0800 Bryan Caldwell <bcaldwell51@earthlink.net> wrote: > On 12/6/02 10:03 AM, "Austin Franklin" wrote: > > > You have to break a law to be under arrest, > and being > > under arrest requires telling you why you are > under arrest, as well as the > > reading of your Miranda Rights...I believe. > > Hi Austin, > > The above is not correct. Technically you only > need be suspected of a crime > to be arrested - whether or not you've > committed a crime is a matter for a > jury to decide, not a police officer. And, > contrary to a great deal of > popular opinion, there is no requirement that > you be given your Miranda > rights. The Miranda rights are required only if > statements you make in > response to law enforcement questioning are > going to be used against you > (and, even then, there are exceptions). You can > be arrested without being > Mirandized. > > Bryan > > -- > To unsubscribe, see > http://mejac.palo-alto.ca.us/leica-users/unsub.html > - -- To unsubscribe, see http://mejac.palo-alto.ca.us/leica-users/unsub.html