Miranda rights

[Deacon]

just to expand on that "in custody" means full custodial arrest - you are not free to get up and leave.

It does not however cover simple interviews with police or investigators - until the scope of the investigation turns towards you that is.

 

[Deacon]

oh and I forgot to add - talking about a lawyer with the police is not the same as requesting one - make sure they understand "you want a lawyer"

it happens far to often where the suspect says "Do I need a lawyer for this?"

and the cop waves him off saying "We just want to talk,"

claiming Miranda later will not work unless the lawyer was specifically asked for and denied

no good cop will deny you anyway - if they have the facts already covered

 

[bigslick]

good point deacon, also remember that you do not need to hear miranda to keep your mouth shut! when offered, request it to be in writing with a witness. trust me, what you say is not going to send you home or make things easier. They are not your friends and are not going to take it easy on you for bitching up. Force them to make their case, don't give it to them...

 

[MANWHORE]

good point deacon, also remember that you do not need to hear miranda to keep your mouth shut! when offered, request it to be in writing with a witness. trust me, what you say is not going to send you home or make things easier. They are not your friends and are not going to take it easy on you for bitching up. Force them to make their case, don't give it to them...

Like Chris Rock says... Women are like the police and vice versa ... They can have all the evidence in the world but they won't be happy until they get the confession... Police interogate people so much that some people confess to shit they didn't even do. I saw a program were a boy confessed to killing his little sister and only after a lawyer took on the case because she's seen this happen before and she suspected he was inocent,was this confession found out to be just from pressure from the police interogation.. They are people just like us. People get so caught up in the badge and gun cops carry and some watch too much CSI. I'll tell you what gets people caught alot of the time. TO MANY DAMN WITNESSES period. Open your mouth to too many people,get too many people involved,and they become witnesses

 

[bigslick]

when a prudent person believes that he does not have the right to leave. it can go as far as being in the back seat of a cruiser with disabled lockes or handles inside the car door...you can not leave unless released

 

[Deacon]

Not necesarrily bro....there have been past case precedents that the "frame of mind" may play a part. Do they believe the are under arrest based on the officers actions, even though the officer has not made a "physical arrest". similiar to your statement, not free to leave.

very true big bro - but that is usually based on the officer's actions as Slick points out - being in the back of a squad car with no handles on the inside could possibly qualify - it is a sticky area when speaking to frame of mind - however I guess my point was to ask if you can leave and see what they say - if it is no - then you are becoming part of the investigation and should request a lawyer - if they give you some bullshit reasons but do not flatly state no - then I would simply leave anyway

this often occurs when they bring you in to question you because they only think you have information - but during the course of the discussion they realize you took part in the crime - technically at this point they should stop - state you are under arrest and read you miranda - but they often do not do this - they just keep asking questions even though they know they are now going to charge you.

 

[bigslick]

I have seen alot of times where the police call a subject in and wish to discuss a "situitation" with a person. They are free to leave, but they are being ask questions, at the department, behind a closed door, on the oposite side of a desk, with an officer between the desk and door. A "prudent" person may believe that he is not free to leave, as he must go through the officer, open the door and find his way out of the station. Most people are afraid to ask if they can leave as it would appear to show a sign of guilt. Most cops will tell you that you can leave (usually through ten layers of bull-shit) Once the questioning starts, the person gives just enough details to put himself at the scene etc. and THEN when the police have most likely confirmed what they already know, miranda is read and you've fucked yourself.

 

[Deacon]

yes you both have my point

Miranda is not as KISS simple as we think sometimes

 

[Deacon]

The actual Miranda court brief is many many many pages long....then not to mention other decisions that are similar...it really is one intrepretation vs the other....Just too many gray areas to give a definite yes or no..that is why we have trials, attorneys, judges and appellate courts...both state and FED.....I can guarantee, that one court will decide pro LE then another will decide pro DEF....look at the 9th Dist.court of appeals......hell no other court decesions have been reversed as much as them...and from the US supreme court...

another well spoken point - it all depends on the judge and the court district - also how the judge feels that day also figures in