Miranda rights...WTF?
 

Why do Police have to read it off a card...can't remember it? I have been arrested twice in my life (as a youngster) and they never read that shit to me..and NO way to prove they didn't.

Watching the "COPS" marathon :1orglaugh

INFO:


In most cases, before making an arrest a police officer must read this list of rights to the suspect. It is called the Miranda warning because of the 1966 Supreme Court decision, Miranda v. Arizona. When Ernesto Miranda was arrested and questioned by the police, the information he gave them was used against him at his trial. This was a direct violation of the Fifth Amendment of the Bill of Rights. Miranda appealed, claiming that his rights were violated. The Supreme Court agreed; since then, in most cases people are read the Miranda warning upon arrest.

Miranda Warning
You have the right to remain silent and refuse to answer any questions.
Anything you say may be used against you in a court of law.
As we discuss this matter, you have a right to stop answering my questions at any time you desire.
You have a right to a lawyer before speaking to me, to remain silent until you can talk to him or her, and to have your lawyer present when you are being questioned.
If you want a lawyer but cannot afford one, one will be provided to you without cost.
Do you understand each of these rights I have explained to you?
Now that I have advised you of your rights, are you willing to answer my questions without an attorney present?

its required by law that they read it from the card.

:error

8c

I asked my attorney about this. Law enforcement is not required to read you your Miranda rights. The Miranda rights protect them more than they protect you. If they choose not to inform you of these rights, they are unable to use any confession given in court.

Can't be...sometimes they just say it. There are a few different versions of it, state by state. The police that take the card out and read it...perhaps each state has different rules.

each department has different policies.. it'd be a big fuckup to forget to read someone his miranda rights, and then get his confession thrown out in court because you're a screwup of a cop.

so i guess each district's rules vary based on the number of idiots on the force :1orglaugh

They read it off the card so in court they can say
"I read it off the card complet and did not leave out any part of it"

Ok. Some of you are close on this, but you have yet to light the cigar.

If you are arrested, and the officer does not question you about the incident, ( For example ) What where you doing with the bag full of of unpaid for clothes? Then he does NOT need to read you the warning. If they are only asking name, date of birth, etc,. then they dont need to read you the rights, because by law, you are required to identify yourself to a lawenforcment officer, when asked.

IF he IS going to ask you specific questions about the incident, the he MUST read them. They are read from the card, because IF they make a mistake, then the case can be lost. They will even testify that they read them per the card issued from X department.

THe ONLY time they have to read you your Miranda rights is if they plan on asking you questions and using the answers when they testify against you in court.

Even if you know it off by heart, under a stressful situation, a police officer could just forget one and that's enough to get a case thrown out. It's probably used as a checklist of sorts.

I believe in NY there supposed to read it off the card ... all the police have the card... if it's not required that they do .. it's encouraged

I'll have to ask Ray .. he was NYPD

I thought that the Patriot act and Dictator Bush's war on terror meant that American's had no rights anymore?

do you have a source to cite for this? pornguy, esq.

It's a misconception that they have to read it to you before arrest. You only have to be read your Miranda Rights AFTER they ARREST YOU and BEFORE they interogate you: http://usgovinfo.about.com/cs/mirand.../mirandaqa.htm

If the video is on, you get your rights read to you. If the video is off, you might get the shit kick out of you, then read your rights.

Pretty much what I wanted to say.

PS I still Love my homeland USA with all it's faults :thumbsup

This only applies if you are driving a motor vehicle.

Miranda is that milf with big tits??

:winkwink:

I got a friend in a section of US law enforcement - nice lady, but she just screams shit like "hit the fucking dirt!" :1orglaugh

would you believe i was arrested once for underange drinking? I am so a hardened criminal. Thats about the extent of what i have done. I am a menace to society!

beware!
Duke

I can beat that! I've actually been ticketed for JAYWALKING!! :disgust

You can blame Hollywood for that. People on TV get their rights read to them before they get cuffed.