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  1. #1
    Join Date
    Feb 2008
    Posts
    9

    Default No Miranda Rights

    I just remembered that the officers did not read me my Miranda Rights. Can a case be thrown out because of that?

  2. #2
    Join Date
    Mar 2005
    Location
    Michigan
    Posts
    28,906

    Default Re: No Miranda Rights

    Read this. Miranda relates only to custodial interrogation.

  3. #3
    Join Date
    Nov 2007
    Posts
    811

    Default Re: No Miranda Rights

    In my DUI the officer didn't note that my Miranda rights were read to me on his little check-off sheet and the judge still let the evidence stay. The officer didn't remember but "knew he did it, he always does it (para)". It's your word against the officer's word.
    ...and when you are detained by LP you may not be detained by the police officer; LP does not have to live under Miranda.

  4. #4
    panther10758 Guest

    Default Re: No Miranda Rights

    Quote Quoting bennyjake
    View Post
    I just remembered that the officers did not read me my Miranda Rights. Can a case be thrown out because of that?
    If your referring to LP questioning that means nothing! If you read Aaron's link you will see Miranda does not apply to your case.

  5. #5
    Join Date
    Aug 2007
    Posts
    3,835

    Default Re: No Miranda Rights

    Quote Quoting usedbranflakes
    View Post
    In my DUI the officer didn't note that my Miranda rights were read to me on his little check-off sheet and the judge still let the evidence stay. The officer didn't remember but "knew he did it, he always does it (para)". It's your word against the officer's word.
    ...and when you are detained by LP you may not be detained by the police officer; LP does not have to live under Miranda.

    The USSC has ruled, and I am inclined to say most states follow it, that the roadside questioning of a DUI suspect is NOT custodial in nature, hence NO Miranda warnings are required.

    Once an arrest is made, then as a safeguard, the police "may" Mirandize the arrestee.

    I do agree though, LP persons are not cops.

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