Never Talk To A Cop...

[Fingers]

Can they hold it against you before they read your Miranda rights? If you haven't been apprised of your rights they can't use anything you say, or can they?

Texlaw, I'm looking at you!

 

[GranillaNutz]

Can they hold it against you before they read your Miranda rights? If you haven't been apprised of your rights they can't use anything you say, or can they?

lol.. i swear to god i really think some people actually do live under a rock

 

[SumnerH]

Can they hold it against you before they read your Miranda rights? If you haven't been apprised of your rights they can't use anything you say, or can they?

This is not legal advice, just my impression of what the law is like in some parts of the US:

They can certainly use some things you say--to take an extreme case, if you run up to a cop and say "I just shot a man", they can certainly use that. Even if you've asked for a lawyer, if you make unprompted statements (ie they weren't questioning you) they can use those.

The only thing that Miranda protects against is "custodial interrogation"--that is, the cops have custody of you and are questioning you.

The closer it gets to actually questioning you, the more being mirandized matters--even then, there's stuff they can ask pre-rights ("are you carrying a weapon?").

And failure to Mirandize isn't an absolute issue; if they can establish that you knew your rights and chose to waive them, then it's more likely a court will admit evidence. Suppose you're a criminal defense lawyer (so there's a reasonable expectation that you're fully aware of your rights), or you say "shut up, I know my rights, I don't want a lawyer"--those are things a court will take into consideration in figuring out if testimony is admissible.

Also, actually reading your rights may not be sufficient to get evidence admitted. There's generally some question at the end along the lines of "Do you understand these rights?". If, say, the suspect obviously speaks no English (or is deaf or mentally handicapped or something) and has been genially nodding and saying "Yes, yes" to everything anyone says with no comprehension, a court is likely to find that a reasonable man would _not_ believe they understood those rights even after a "yes, yes" at the end, and would be less likely to accept testimony.

All of that is just speculation, though. If you have a legal question, consult a lawyer.

 

[SumnerH]

Additional note from Wikipedia:

Therefore, for Miranda to apply six factors must be present:
(1) evidence must have been gathered
(2) the evidence must be testimonial
(3) the evidence must have been obtained while the suspect was in custody
(4) the evidence must have been the product of interrogation
(5) the interrogation must have been conducted by state-agents
(6) the evidence must be offered by the state during a criminal prosecution.

Again, this is not legal advice.

 

[Fingers]

lol.. i swear to god i really think some people actually do live under a rock

I'm a Canadian. The Miranda ruling is American. Are you suggesting that I must live under a rock because I'm not completely familiar with American law? What portion of the planet, other than the U.S., do you think should be familiar with your laws in order to not be subjected to your derision for our ignorance? Maybe we could have a class in school where we learn all kinds of laws that may or may not apply to us? Should that class be for U.S. laws that don't necessarily apply, or should we study the irrelevancy of the laws of many other nations?

Thanks for your intelligent reply SumnerH.

 

[beerthirty]

Fingers, anything you say can be used against you before arrest. I'm not saying that it can be used in court but it can be used to garner other information or evidence. Example "I'm drunk, where are my keys?" Do you think the off duty cop 4 stools down from you won't use this against you?
I agree with you on other countries laws. The only time you would need to know them is if planning a visit.

 

[Fingers]

I'm thinking that witnessing a crime in progress is a little different than questioning witnesses after the fact. The drunk looking for his keys would likely be subject to a breathalyser and it would be that evidence, not the statement, that would be presented to the court. The statement could be used as probable cause to look for evidence. Anything after the arrest and the reading of the Miranda rights would be admissible.

I could be wrong, but it seems pointless to read someone their rights after the fact. Isn't that what Miranda is about? Ensuring that people are aware so they don't incriminate themselves?

 

[eriktlupus]

Seriously, you don't have to do anything to have a police officer come up and ask you questions. Sometimes it's just a matter of being in the wrong place at the wrong time. Hell, I've been pulled over because my car "matched the description of a stolen vehicle." Yeah, I'm sure I'm the only one on the road with a dark colored 4-door SUV.

my local cops like this one! i was pullede over about 5am one morning in my blue f150 and the cop came up and said that my vehicle matched the description of one usede in a B&E, this is with my 2 male dogs riding with their heads out the pass. window.

that same evening my daughter was pulled over by another cop in the same area who said that her vehicle matched the description of one being used in B&E's in the area, this while driving a green pontiac grand prix.

 

[WortMonger]

Let's be honest - the point of the video begins when you get pulled into an "interview", if the police go through all the trouble of actually wasting their time pulling you into an interview they feel they already have the right guy or think you have enough information about who the right guy is, or that you might SOMEHOW be connected. Me... if I ever get a ticket just pay the thing and get it done with.

My ex-girlfriend told the detective I would never do such a thing, that it was probably this one guy that had just moved (hmmmm). I didn't do anything and knew it so I went in thinking my innocence would win him to my side and I could answer any questions that might be relevant. However, she and I told him that it was a clean break and that we were both from good people.

I was easy... I just accepted his request for help, even though I told him I knew nothing. I just went in and he started with my best friend there to help everyone. Then switched over to Mr. Goodcop just tell me what happened. Followed by Fricken Sherlock Holmes I got the right guy with the wrong guy that showed up at my bequest, that I'm going to make sit here 2 hours waiting for him to come back and tell me I had permission to leave after consistently asking through the whole "interview." I apologize for my "now" lack of respect for them, but I am still courteous. So, being honest... they had d!ck but thought they could get a patsy. I was just strong enough to not fold and admit something I didn't do. I wanted to just to get out of there at 18 yrs of age (which he reminded me repetitively would mean jail time for a slashed tire).

I'm an Eagle Scout, and believe it I was courteous, kind, and SCARED!!!! Never again, ever! I am not anti-cop, I am pro-rights!:rockin:

 

[llazy_llama]

I am not anti-cop, I am pro-rights!:rockin:

+1000 to this. For most police officers, it's fairly cut and dry. If a guy dies, and you figure his wife killed him, 9999 times out of 10000 you'll find out his wife either killed him or at least had something to do with it. I have the utmost respect for police officers as individuals, but we can all grow complacent in our jobs.

The simple fact is that I don't care how hard I make your day. If it keeps me from potentially serving 5-10 on something I didn't do, looks like you're sucking up a long night.

 

[GranillaNutz]

sorry bout that fingers... i was seeing double at the time i wrote that and didn't realize u were canadian.
i'm not anti-cop either. just mainly anti new orleans

 

[homebrewer_99]

I was driving home last night and a trucker on the CD says there's a local cop on the interstate...isn't that out of his jurisdiction? Said I didn't know, but thought it was...

So last night my water heater burns out (funny phrase). I call the local hardware store and let them know I got it from them about 4 years ago. I said nothing else...not my name, not my address, town, nothing. She says, "well, Gus is out for about another hour or so. I'll get him to stop by".

An hour later a guy shows up at my door to fix it. Don't you just love small towns??

So, I asked this young guy fixing my water heater this morning about the cop on the interstate last night because he's on the city council and also running for mayor...he said the city just passed a law two weeks ago allowing him to go on the interstate because it's within the city limits.

I said then who's guarding the town? (Yes, we only have 1 cop car)...

He said he asked the same question...

Told me, nudge, nudge, that if I ever read the town meeting minutes he's usually the lone "NAY" voter......he was pissed because the sole cop car was involved in an accident on an interstate chase and left the town with out a car for a few days. I told him "I know how he feels."

And, no, Floyd is not our barber...

 

[llazy_llama]

Only 1 police car in town? I'll have to remember that next time I'm passing through the Atkinson hair care/oil change/airport.

 

[homebrewer_99]

Only 1 police car in town? I'll have to remember that next time I'm passing through the Atkinson hair care/oil change/airport.

Man, with those directions you'd get lost in this two horse town, er, village.

It's actually the Super Market/Hair Salon/Oil Change/Hardware & Bait Shop...the two, yes, count them...1 and a 2...bars in town have imports from as far away as Wisconcin and St Louis... I've been in one of them once, just before we moved into town (5 years ago) and I've never been in the other...

The barber shop is only open on Thursday afternoon, but make sure you call ahead to make a reservation!

Don't look for any planes...we don't have an airport...

Y'all come back now, ya' hear???

 

[z987k]

Man, with those directions you'd get lost in this two horse town, er, village.

It's actually the Super Market/Hair Salon/Oil Change/Hardware & Bait Shop...the two, yes, count them...1 and a 2...bars in town have imports from as far away as Wisconcin and St Louis... I've been in one of them once, just before we moved into town (5 years ago) and I've never been in the other...

The barber shop is only open on Thursday afternoon, but make sure you call ahead to make a reservation!

Don't look for any planes...we don't have an airport...

Y'all come back now, ya' hear???

I got pulled over once in Pekin on I-74 by the local cop. He said the state was cutting budgets and asked them to also patrol a small section of 74.

 

[homebrewer_99]

I got pulled over once in Pekin on I-74 by the local cop. He said the state was cutting budgets and asked them to also patrol a small section of 74.

Part of the revenue goes to the city...it's all about the DOLLAR!!!

No one does anything for free...the state can't tell a city what it has to do without proper compensation...