1) A lot of people assume that the police are required to read a suspect his Miranda rights upon arrest. That is, they assume that one of a person’s rights is the right to be read their rights. It often happens that way on Law & Order, but that’s not what the law actually requires. The police aren’t required to follow Miranda. Miranda is a set of rules the government can chose to follow if they want to admit a person’s statements in a criminal case in court, not a set of rules they have to follow in every case.I know that when a suspect on TV is arrested, the first thing we hear the detective intone is: "You have the right to remain silent". I've done that on occasion, especially when citizens are present. I really don't need to read a suspect his rights unless I intend to ask him questions, ergo, I'm not going to violate his right to remain silent if I already have sufficient cause to arrest him for an offense. In many cases I might not ask a suspect any questions. Granted, it's easier to get a statement into evidence if you have a Miranda warning on file, but if I'm not interested in his statement, there's no real reason to get a Miranda waiver.
Don't believe everything you see on television.
2 comments:
And you don't get to make a phone call either.
Although one may be permitted to make a phone call.
Thanks for the clarification!
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