miranda rights - when to receive them? (1 viewing) (1) Guest
Favoured: 0
|
|
|
TOPIC: miranda rights - when to receive them?
|
|
|
|
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.
|
|
|
|
|
|
|
The administrator has disabled public write access.
|
GelRon (User)
Senior Boarder
Posts: 71
|
|
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.
|
|
|
|
|
|
|
The administrator has disabled public write access.
|
|
|
|
Re:miranda rights - when to receive them? 2 Years ago
|
|
|
Is there a situation where miranda rights are accepted or denied in writing?
|
|
|
|
|
|
|
The administrator has disabled public write access.
|
great1 (User)
Senior Boarder
Posts: 78
|
|
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.
|
|
|
|
|
|
|
The administrator has disabled public write access.
|
|
|
|
LegalNut Resources
Attorney jobs listings and sites with attorney
salary information, attorney job search functions, and salaries by law firm.
Law school rankings show how competitive your lsat scores would be at top law
schools in the US.
Law school admissions
advice is available both at the LSAT forum and
throughout the pre-law section, including LSAT prep options, law
school personal statement help, LSAT
score distributions and law school bar exam pass rates.