Archived posting to the Leica Users Group, 2002/12/07

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Subject: Re: [Leica] Is this believable?
From: "Frank Farmer"<frankandaubrey@mindspring.com>
Date: Sat, 07 Dec 2002 14:02:37 -0500

Miranda rights are required for "custodial interrogation."  That term is often
debated, but basically , if you can't leave, then you must be mirandized. 
That includes the officer holding your driver's license at a traffic stop if I
remember my crimial law correctly.  I don't practice that very much.

Frank

On Fri, 06 Dec 2002 10:40:21 -0800 Bryan Caldwell <bcaldwell51@earthlink.net>
wrote:

> On 12/6/02 10:03 AM, "Austin Franklin"  wrote:
> 
> > You have to break a law to be under arrest,
> and being
> > under arrest requires telling you why you are
> under arrest, as well as the
> > reading of your Miranda Rights...I believe.
> 
> Hi Austin,
> 
> The above is not correct. Technically you only
> need be suspected of a crime
> to be arrested - whether or not you've
> committed a crime is a matter for a
> jury to decide, not a police officer. And,
> contrary to a great deal of
> popular opinion, there is no requirement that
> you be given your Miranda
> rights. The Miranda rights are required only if
> statements you make in
> response to law enforcement questioning are
> going to be used against you
> (and, even then, there are exceptions). You can
> be arrested without being
> Mirandized.
> 
> Bryan
> 
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