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  1. #1
    Join Date
    Apr 2010
    Posts
    22

    Default Police Forgot to Mirandize Me when I Opened My Door for CDV

    My question involves criminal law for the state of: south carolina

    Arrested for cdv. The moment someone I know opened their door to their house to a cop knocking, this cop immediately was questioning the situation that occured between the significant others. And of course took this person away and I know the officers intent was to arrest before they even knocked on the door because of a bruise on the other significant other, which the officer came straight from the "victims" house. Should this officer read the miranda rights as soon as this person stepped out of their house seeing as he did end up arresting?

  2. #2
    Join Date
    Sep 2010
    Posts
    19,901

    Default Re: I Believe the Cop Forgot to Mirandize Me when I Opened My Door for Cdv

    Nope. The Miranda rights only must be give prior to the subject being questioned in custody AFTER he is arrested. Cops are quite free (even if they intend to arrest people) to question them when they are not in custody without telling them that they're statements can be used against them.

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