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CAN
THEY DO THAT??
MIRANDA
Janet
T. Mills, Esq.
WRIGHT
& MILLS, P.A.
THE
POLICE STOPPED ME BUT DID NOT READ ME MY
RIGHTS... CAN THEY DO
THAT?!
This
is a frequently asked question. The answer
is: Yes, the police can stop a person
without reading "Miranda" rights. The
police can even arrest a person and not
have to read them their rights.
The
police shows we see on television lead us
to believe that any time the police stop a
person on the street, they have to read
the so-called "Miranda"
warnings.
This
assumption is not correct. "Miranda"
warnings are only required when two things
occur at the same time:
1) A
person is in police "custody," that is,
deprived of his/her freedom in a
significant way; and
2)
The police interrogate the individual.
If
the police simply stop a car for a motor
vehicle violation, the driver is not in
custody and the officer does not have to
read "Miranda."
If a
person is arrested and says something
spontaneously without being asked a
question by the police, that statement can
be used against the person as well. Even
casual comments may become incriminating
evidence in court.
If a
person who is questioned by the police
while in custody makes any kind of a
statement, the statement may be used
against the person in court only if the
"Miranda" warning was properly given and
only if the person in custody has waived
the right to remain
silent.
Most
often a police officer investigating a
criminal matter will talk to a suspect
freely without arresting the person,
avoiding the whole "Miranda" issue. Still,
if you are approached by a police officer
about a suspected crime, you have an
absolute right not to speak with an
officer, and your refusal to speak or to
"cooperate" can not be held against you.
It's the law!
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