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Author Topic: miranda right?  (Read 385 times)
calvin4741
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miranda right?
« on: December 18, 2008, 03:46:57 PM »

Question?.....when a person is about to be arrested "does the arresting officer ahve to read you the miranda rights? this is in the state of florida.
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heavensgate
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Re: miranda right?
« Reply #1 on: December 22, 2008, 04:07:53 AM »

Arrest

In order to be arrested, there must be what's called "probable cause." This means that there must be a reasonable belief that a crime was committed and you committed the crime. An arrest warrant is not necessary.

After you're placed under arrest, you are protected by constitutional rights. Two important rights to be aware of are right to remain silent and the right to have an attorney. After your arrest, you aren't required to say anything else to police or investigators, until you have an attorney present. You must be given the opportunity to contact an attorney.

Miranda Rule

Under the Miranda Rule, if you are in police custody you must be informed of specific constitutional rights before interrogation begins. Those rights are as follows:

    * The right to remain silent
    * The right to have an attorney present during questioning
    * The right to have an attorney appointed if you are unable to afford one

Important to note is that Miranda rights do not have to be read until you are taken into custody. That means that you can be questioned by the police before being taken into custody, and anything you say at that point can be used against you later in court.
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