Statements Made Before Miranda Rights Are Read

[junker]

just about everyone knows anything said after miranda rights can be used against you, but what about before miranda? can anything you say before miranda also be used in court against you?

[jk]

it depends entirely on the exact situation and is decided (in court) on a case by case decision. There are rules as to when Miranda applies and when it doesn;t.

[cdwjava]

just about everyone knows anything said after miranda rights can be used against you, but what about before miranda? can anything you say before miranda also be used in court against you?

Two circumstances must exist before Miranda applies: Custody (or the equivalent force or circumstances) and interrogation.

Most non-custodial or initial interviews at a scene are going to be outside the need for Miranda. However, there are circumstances where it is clear that a person is not going to be free to go and that Miranda might be required.

It depends on the specific circumstances as there is no "one size fits all" response to the question: "Does Miranda apply?"

Perhaps if you outlined the circumstances ...??

- Carl

[junker]

no circumstances involved, i was just curious as to how it worked, so basically miranda is just a formality. say if you are stopped for any reason, and cop starts to ask questions about something serious, ie robbery, murder, etc, and the person panics and blurts out yes i was involved, and then after miranda rights are read,recants and denys involvement saying he was just scared or something like that, or has craft which i was told by a cop is ( cant remember a freaken thing), is the confession admissable? i watch too much cops shows on tv

[cdwjava]

say if you are stopped for any reason, and cop starts to ask questions about something serious, ie robbery, murder, etc, and the person panics and blurts out yes i was involved, and then after miranda rights are read,recants and denys involvement saying he was just scared or something like that, or has craft which i was told by a cop is ( cant remember a freaken thing), is the confession admissable? i watch too much cops shows on tv

Yes, such a confession might be admissable ... provided the interview did not take place under circumstances that would imply an arrest (handcuffed, int he back of a police car, etc.).

And on TV many shows take place in New York City where agency policy is to read Miranda to anyone arrested.

- Carl