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Forum nameGeneral Discussion
Topic subjectthis isn't true.
Topic URLhttp://board.okayplayer.com/okp.php?az=show_topic&forum=4&topic_id=12865748&mesg_id=12867673
12867673, this isn't true.
Posted by SoWhat, Thu Jul-30-15 01:27 PM
>Umm.. I was a cop. YES Miranda have to read the moment the
>person is "under arrest" and before taken into custody.

not really.

a person in police custody must be advised that they don't have to answer any questions about the police investigation at issue and that they can speak w/a lawyer before they decide if they'll answer questions and they can have a lawyer present for the questioning. failure to advise the person doesn't mean the arrest is illegal and it won't result in the arrest or any evidence collected as a result being tossed out in court. the failure to advise just means any answers the arrestee gives in response to police questioning cannot be used against the arrestee in court. none of this applies if the arrestee talks to police w/o having been questioned.

and if police don't intend to ask the arrestee any questions related to their investigation then they don't need to give the Miranda warning at all.