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Does the Miranda warning have a time limit


Alpo

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Let's say they pick you up, they read you your rights, they take you downtown and they put you in a holding cell.

 

15 hours later they finally bring you into interrogation.

 

Do they have to read you your rights again?

 

They might, but do they have to?

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Your understanding of Miranda is flawed from the beginning.  Miranda applies when being questioned pursuant to a crime POST ARREST.  In other words, during an initial investigation, if a cop is trying to ascertain what happened and who may have been involved, Miranda does not apply.  Furthermore, contrary to what you see on TV, Miranda also does not apply just because they slap the matching bracelets on someone.  After the arrest (or, if at any time they are not free to leave), if they are going to question the suspect, then they must read Miranda and get a waiver (verbal or written) in order to question.  You wouldn't believe how many people challenged my DUI arrests on the grounds that I didn't read Miranda after arresting them.  Funny, I never lost a single one.

 

The USSC has stated that Miranda must be re-read if any "significant amount of time" has elapsed.  What does that mean?  There is no cut-and-dry definition, so it comes down to whether a judge believes how a "reasonable person" would interpret the USSC's guidance about significant time.  But I think any reasonable court would find 15 hours to be significant.

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Interesting.
When the "matching silver bracelets" are in place, you are no longer "free to go", i.e. "detained."

Miranda or no, I would think this is now the time to exercise your right to remain silent.

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29 minutes ago, bgavin said:

Interesting.
When the "matching silver bracelets" are in place, you are no longer "free to go", i.e. "detained."

Miranda or no, I would think this is now the time to exercise your right to remain silent.

Irrelevant if you are not being questioned.  Miranda directly applies to questioning, and only questioning.

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One of the best methods-- be silent... Most people can not keep their mouths shut and they start talking. Amazing phenomenon, Also, if you are questioned about "crime" before you are arrested, that too can be cited under the "Excited utterance" Some judges are ok with that some are not.

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2 minutes ago, Muleshoe Bill SASS #67022 said:

One of the best methods-- be silent... Most people can not keep their mouths shut and they start talking. Amazing phenomenon, Also, if you are questioned about "crime" before you are arrested, that too can be cited under the "Excited utterance" Some judges are ok with that some are not.

 

That's a little different.  An "excited utterance," according to the USSC, is when someone makes a statement or statements completely unsolicited--no questions asked whatsoever.  Even so much as saying, "Go on," or, "and then?" could easily be construed as questioning. 

 

During pre-arrest questioning, however, if something is said that makes the officer suspect the person may have been involved, they have to stop what they are doing and read Miranda (provided the person is not free to leave...which at that point they would not be, even if they had been previously). 

 

You would be amazed at how many excited utterances people made in my presence.  They were already under arrest, and at times were even in the back of the cruiser en route to the jail.  I wouldn't ask a darn thing, but they would give me entire confessions without me saying a word.

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On 11/25/2023 at 3:03 PM, Alpo said:

Let's say they pick you up, they read you your rights, they take you downtown and they put you in a holding cell.

 

15 hours later they finally bring you into interrogation.

 

Do they have to read you your rights again?

 

They might, but do they have to?

We gave them again every time we started a new interview after a break or changed interviewers. 
curiously they only had to be given if it was an in custody interview. I got a lot of confessions over the phone 

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