Cops frequently *_don't_* read you your Miranda rights when they arrest you. That's not by accident. *They are only required to "mirandize" you if they are going to ask you any questions.* They are hoping that you will spontaneously start talking to them without being questioned. If you voluntarily start talking to the police, even if you're in custody, anything and everything you say can be used against you, even if you weren't mirandized.
@@evilco.8496 : No. (But let me clarify, because as with so many things in the law, there are always exceptions. If you are arrested, not mirandized, and then questioned, your answers *cannot* be used to prove the prosecution's case in chief. However, your answers can still be used in rebuttal if you decide to testify and your testimony conflicts with those previous answers.)
I think one major problem with Miranda Warnings is it creates unfair disadvantage to young uneducated and less professional alleged criminals who dumbly waive their Miranda rights and shoot themselves in the foot. And this is not fair when more professional experienced criminals are not estranged to the seriousness of the Miranda warnings, as these are not often taught in grade school. To rectify the situation, I think the Miranda Warning should add a new statement that says "If you would like to maximize your chances of getting acquitted of these charges you will definitely be harmed by not waiting for a lawyer."
Just remember for the love of god and all the sense in the world. Your Miranda rights are invocable when the police are taking you into custody for questioning... NOT when all they want is your name dob license and registration. NOT when they are asking you why you're carrying and ak47 down the street today. Need to be more videos down showing people how to clearly and distinctly use their rights and at what time to do so. Bc otherwise you can be arrested for impeding justice and frankly cause more taxpayer dollars to be spent uselessly bc the officer had to argue for 40 minutes for you license and registration.
@@tobyskyjr In modern courts I can imagine even that statement being too ambigous. Something like: "I invoke my federal right to the fifth amendment of the constitution of these United Sates of America. Under *NO* circumstances will I make any statement regarding my involvement of any wrongdoings; except with a lawyer in private, without observation of any kind, be it visual, auditory, thermal or otherwise.": would probably be better. If this small paragraph is too large of a comment for you, I wouldn't recommend you signing or even reading any legally binding document, Federally served or otherwise. Remember its not just the Government that can fistfuck you in the court of law. -edited- twice from mistakes I myself noticed, further proving no matter how intelligent or wise you foolishly think you are, a Politrick could find an advantage or loophole anywhere you think you can't.
Another point I would like to add- You cant avoid questioning no matter what.The best thing you can do is get a lawyer asap as they would help you to not harm the case and make it to your best interest.
Actually you CAN avoid questioning, by: 1. Invoking your fifth amendment right to remain silent, and 2. Your sixth amendment right to counsel (i.e., asking for a lawyer).
This is good, _except:_ 1) _Miranda's_ right to a lawyer during custodial interrogation is implied throught the Fifth Amendment, not the Sixth. _Edwards v. Arizona._ However, there is a similarly implied right to counsel during interrogation under the Sixth Amendment originating from _Massiah v. United States._ 2) An un-Mirandized confession cannot be used as evidence in court, but physical evidence obtained in violation of _Miranda_ can be. _United States v. Patane._
The FBI refused to read me my Miranda Rights and I was handcuffed and hauled off to jail when I related to them that I needed an attorney present before I would talk to them. The FBI made up bogus charges without any proof and accused me of committing a crime that I did not commit without any evidence to support the charges. Due to the accusations against me I cannot pass the background check to get a job. Please help.
I’ve never been arrested… I have however, been stopped quite literally for walking at night… or during daytime probably for them thinking I was drunk… lol don’t drink alcohol… cause seizures. Usually what was happening when they stopped me during the day…. They tried to stop me from walking to the store at night… lol they were confused how I could feel safe walking around at night. I am legally blind. The darkness pretty much has no effect on my ability to get around. When I went down to my store that’s at the end of my block they were going to drive me back to my house. I asked him if I was under arrest for any reason and they said no. Knowing my rights I went ahead and walked to the store. They were confused very very confused. I was amused. They couldn’t understand how I felt safe walking across an intersection. lol 30+ years of orientation and mobility training for blind people. lol. They actually asked me how I was going to make the intersection, and I quite literally said “like this” and proceeded to do what I always do to cross streets. I had also told them I would not get in the vehicle with them because I could not verify that they were a police officer. I’ve been trained never to get in the car with anyone no matter who they claim to be unless I know the person personally. They said I could look at their badges, and I just grand and was like yeah well I’ve seen them fake that on supernatural so. I can’t verify that you are you say you are. I wasn’t trying to be rude, but like I said I was trained to never ever get in the car with anyone that I don’t know. To this day I have three people that aren’t family that I can ride with and feel safe. I made sure they knew that I wasn’t trying to be disrespectful, but I knew what my rights were I was not under curfew of any kind, and would not get in the car because I do not have enough vision to visually verify anything they said.
Having this read out loud by the arresting officer descales and prevents anger and violence from obstructing due process, it comes also to, “Fiduciary Care”. Good Luck
Okay question so if you're arrested and put in jail overnight and you're never giving render rights is that something that should go stand up for dismissal
No. The _Miranda_ warnings are only required if you are in custody and the police are interrogating you. If there's no interrogation, then _Miranda_ warnings are not required.
No, they only have to read you your rights before questioning you. In most places, they'll hand you a little card with the rights clearly spelled out and have you sign it. If you're deaf, they'll bring in a sign language interpreter or something.
Of course, if they hand you a card with the Miranda rights clearly spelled out, they don't need to use sign language. :-) But Matthew's first point bears repeating, because it is often misunderstood: the police DO NOT have to read you your rights when they arrest you. They only have to read you your rights when you have been arrested *_and they want to question you._* If they don't question you, they don't have to read you the Miranda warnings.
You have the right to remain silent. The law knows you already have the right to remain silent. The law assumes the authority to attempt to deprive you of that right by requiring that you speak to assert it.
The Miranda Warning or Rights are to be read to you just in case the officer arresting you needs to ask you some questions in order to make sure the person being arrested is the right one. If you are caught in flagrante, you are going straight to court. There is enough evidence to arrest you without reading you the Miranda Rights.
A point you should add, Miranda rights are only valid in USA, because there is always american traveling in Europe and thinking there US rights still applied, the most common example are: miranda rights, the fact than police officer have to say to you why he had pulled you over, the fact than you have the right to take picture and film peoples (it's only the case for crownds), etc...
So if I get pulled over, and a cop asks if I have any drugs in the car before he reads my miranda rights, and i tell him yes I have a kilo in my trunk, and the cop finds it, I can have the case dismissed because he failed to read me my rights?
An arrest sounds like a violation of universal rights. You know, you can do whatever you want, when you want, simply because you want. The concept of law kinda disregards all that. I suppose that's what it means to be nothing more than a governed being. Imagine being that pathetic though. To be complacent to another group of equal beings, governing you. You must have known nothing else your entire life or something. Having been taught to obey and submit since birth. What a world that would be. If anything were to impact that society, they'd all likely cowar in the safety of their homes whole they wait for those governing to solve their problems. What a pathetic path that would be. At least for sentient matter. For a conscious entity existing within a universe where nothing else is conscious, to submit... that's sad on a whole other scale
