Guest Question Posted March 19, 2008 Report Share Posted March 19, 2008 One of the BU Male protesters stated that when he was handcuffed and arrested he asked the arresting officer if he was going to be read his Miranda Rights - and the Officer said, "No this isn't like in the Movies." I was wondering maybe because those students weren't being questioned maybe they didn't need their Miranda Rights Read????? Link to comment Share on other sites More sharing options...
Guest Guest Posted March 19, 2008 Report Share Posted March 19, 2008 no he didn't need his righhts read, only applies to questioning. maybe the"student" needs to go back to school. Link to comment Share on other sites More sharing options...
Captain Obvious Posted March 19, 2008 Report Share Posted March 19, 2008 I'm not positive but I belive Law Emforcemnt can detain a person for up to 24 hrs without reading them thier rights....???? Link to comment Share on other sites More sharing options...
Guest Remain Silent Posted March 19, 2008 Report Share Posted March 19, 2008 I'm not positive but I belive Law Emforcemnt can detain a person for up to 24 hrs without reading them thier rights....???? I think if the arrested person is questioned by authorites or begins to voluntairily shoot their mouth off (probably incriminating themselves), The Police must read them their Rights first! Usally the suspects keep right on talking after being read their rights. Link to comment Share on other sites More sharing options...
Guest law pm Posted March 19, 2008 Report Share Posted March 19, 2008 One of the BU Male protesters stated that when he was handcuffed and arrested he asked the arresting officer if he was going to be read his Miranda Rights - and the Officer said, "No this isn't like in the Movies." I was wondering maybe because those students weren't being questioned maybe they didn't need their Miranda Rights Read????? The "student" was drunk or on drugs and didn't know what was going on. They all should be prosecuted Link to comment Share on other sites More sharing options...
Guest Guest Posted March 19, 2008 Report Share Posted March 19, 2008 One of the BU Male protesters stated that when he was handcuffed and arrested he asked the arresting officer if he was going to be read his Miranda Rights - and the Officer said, "No this isn't like in the Movies." I was wondering maybe because those students weren't being questioned maybe they didn't need their Miranda Rights Read????? NOW ISN'T THAT SOMETHING. They go out and break the law, but don't know enough about the law to know what is what.... And these kids might be leaders in 40 years.... Well I guess they'll learn by then Link to comment Share on other sites More sharing options...
Guest Guest Posted March 20, 2008 Report Share Posted March 20, 2008 One of the BU Male protesters stated that when he was handcuffed and arrested he asked the arresting officer if he was going to be read his Miranda Rights - and the Officer said, "No this isn't like in the Movies." I was wondering maybe because those students weren't being questioned maybe they didn't need their Miranda Rights Read????? If they were arrested than they should have read them the Miranda,were they actually arrested at the time they were placed in the car with cuffs or were they just being detained? What bothers me more than the cops not reading them their rights is that the police who were handcuffing these kids and putting them in the back of the cars never searched them or their back packs. What if one of them had a weapon? Wonder how many of them were carrying something illegal? Weapons,drugs,fake IDs.... I realize these are supposed to be intellegant kids but what happened that this got out of control? This was supposed to be a peaceful demonstration. Not very thought out and organized for being college students. @ Link to comment Share on other sites More sharing options...
Guest Guest Posted March 20, 2008 Report Share Posted March 20, 2008 If they were arrested than they should have read them the Miranda,were they actually arrested at the time they were placed in the car with cuffs or were they just being detained? What bothers me more than the cops not reading them their rights is that the police who were handcuffing these kids and putting them in the back of the cars never searched them or their back packs. What if one of them had a weapon? Wonder how many of them were carrying something illegal? Weapons,drugs,fake IDs.... I realize these are supposed to be intellegant kids but what happened that this got out of control? This was supposed to be a peaceful demonstration. Not very thought out and organized for being college students. @ The arrestees were searched.....watch the video again. As for Miranda, there are two standards that have to be met in order for Miranda to enter into the equasion. 1. Custody 2. Questioning. Think about what is said when the rights are read. "you have the right to remain silent" "you have the right to an attorney before questioning" "anything you say can be used against you" etc. etc. It ONLY applies if the person is going to be questioned. Being taken into custody, transported and arraigned does not involve questioning, and therefore Miranda rights do not have to be read. It's really pretty simple. And people DO watch too much TV and then think they know their rights. If they knew their rights so well, they should have known that they do not have the right to impede traffic, or create a hazardous condition. Link to comment Share on other sites More sharing options...
Guest Guest Posted March 20, 2008 Report Share Posted March 20, 2008 The general rule is that custody occurs whenever a suspect is placed in "unfamiliar and hostile surroundings". A look at some examples will demonstrate how restrictive this rule really is: Questioning at the police station. This is not automatically a custodial situation. It depends on whether the suspect was brought in handcuffed or accompanied officers voluntarily. It also depends upon whether questioning takes place in a closed room across a desk or not. Some parts of police stations, like interrogation rooms, are examples of hostile surroundings, while other parts are not hostile at all. Questioning in a police vehicle. This is not automatically a custodial situation. If a suspect is locked in the back seat of a cruiser equipped with a screen, this is obviously a hostile surrounding. But with other types of vehicles and the rare front seat interview, the custodial aspect is questionable. Questioning at the crime scene. Generally, Miranda does not apply to on-the-street and on-scene questioning. Officers routinely ask "What happened" at traffic accidents without Miranda warnings. However, if the circumstances are such that it can be reasonably inferred that police are probably going to arrest somebody, Miranda must be read. An example would be if somebody appeared intoxicated after a traffic accident where the reasonable belief that police wouldn't let this person drive home triggers Miranda. Questioning at the suspect's home. Again, the words and actions of the officer questioning a suspect at home must signify a hostile or intimidating atmosphere to trigger Miranda. An example of intimidating action would be waking the suspect up at 4:00 a.m. to talk to them. An example of non-intimidating action would be dropping by the suspect's house at a more regular time of day, say 8:00 a.m. @ Link to comment Share on other sites More sharing options...
Guest Guest Posted March 21, 2008 Report Share Posted March 21, 2008 The general rule is that custody occurs whenever a suspect is placed in "unfamiliar and hostile surroundings". A look at some examples will demonstrate how restrictive this rule really is: Questioning at the police station. This is not automatically a custodial situation. It depends on whether the suspect was brought in handcuffed or accompanied officers voluntarily. It also depends upon whether questioning takes place in a closed room across a desk or not. Some parts of police stations, like interrogation rooms, are examples of hostile surroundings, while other parts are not hostile at all. Questioning in a police vehicle. This is not automatically a custodial situation. If a suspect is locked in the back seat of a cruiser equipped with a screen, this is obviously a hostile surrounding. But with other types of vehicles and the rare front seat interview, the custodial aspect is questionable. Questioning at the crime scene. Generally, Miranda does not apply to on-the-street and on-scene questioning. Officers routinely ask "What happened" at traffic accidents without Miranda warnings. However, if the circumstances are such that it can be reasonably inferred that police are probably going to arrest somebody, Miranda must be read. An example would be if somebody appeared intoxicated after a traffic accident where the reasonable belief that police wouldn't let this person drive home triggers Miranda. Questioning at the suspect's home. Again, the words and actions of the officer questioning a suspect at home must signify a hostile or intimidating atmosphere to trigger Miranda. An example of intimidating action would be waking the suspect up at 4:00 a.m. to talk to them. An example of non-intimidating action would be dropping by the suspect's house at a more regular time of day, say 8:00 a.m. @ You are correct about the custody issue. If a person reasonably believes that they are not free to leave, they are considered to be in custody. HOWEVER, even if a person is in custody, if no questioning is going to take place, Miranda does not apply. It has nothing to do with arrest, and everything to do with questioning...... Link to comment Share on other sites More sharing options...
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