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miranda rights - when to receive them? (1 viewing) (1) Guest
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TOPIC: miranda rights - when to receive them?
#5356
some random guy (Visitor)

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miranda rights - when to receive them? 2 Years, 1 Month ago  
I live Tennessee. My question is: at what point should an arresting officers read a person their manranda rights. Should there be documentation on where they have presented the rights to the person. If so should there be a signature indicating that the rights were read or denied.
 
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#5372
GelRon (User)
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Re:miranda rights - when to receive them? 2 Years ago Karma: 0  
Miranda rights are provided to criminal suspects that are put in police custody, or in a custodial situation, and before they are interrogated.

Generally, a custodial situation is one where the suspect's freedom of movement is restrained (judged by the "free to leave" test), even if he is not under arrest. If a suspect make an incriminating statement and he didnt receive miranda rights, then the suspects admission or statements will not be admissible as evidence in court.

The exception is if the suspect make a knowing, intelligent, and voluntary waiver of his miranda rights.

In 2004 the US Supreme Court ruling upheld state "stop-and-identify" laws, allowing police in those jurisdictions to require biographical information such as name, date of birth, and address, without arresting suspects or providing them Miranda warnings.
 
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#5391
some random guy (Visitor)

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Re:miranda rights - when to receive them? 2 Years ago  
Is there a situation where miranda rights are accepted or denied in writing?
 
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#5411
great1 (User)
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Re:miranda rights - when to receive them? 2 Years ago Karma: 0  
only if you dont speak English and it needs to be translated. Otherwise, no.
 
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