Yes, the Miranda Rights have to be told to an individual, they have a right to know they are under arrest and they are going to be held, even if the individual, knows their rights, heard them, and can quote them, Miranda Rights are to protect the officer, and individual.
We have The Bill of Rights, which has a Fifth Amendment which lets you know that you may not testify if it can incriminate you in the case.
When someone talks to an officer and they are not threatened and or intimidated in giving the information, this is voluntary, the court will look at the circumstances, and they will determine if the person understood their rights, and will proceed from that point on. Yes, your words may come back to incriminate you.
The Officer will read you your rights prior to interrogation while in custody, they can wait, the suspect may volunteer information.
You will find and officer exempt for immediately reading the rights to a suspect when the public is in immediate danger.
The police have every right to ask you questions, and that is why you have the right to say "I am not obligated to answer, " Do not be rude, and you can politely ask why they want to question you. They are just doing their job.
Yes, they can approach you again, to get basic information, name, address, things along that line, for their report.
Good job but all the questions were not answered.
ReplyDeleteI will number my statements as I take notes, in order to be more on point. Thank you.
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