Sonora Rebel
Regular Member
imported post
pkbites wrote:
pkbites wrote:
NOT TRUE! Miranda is given at such time the individual is advised he/she has been placed under arrest, which is advisement against self incriminating 'Res Geste' statements (unsolicitied comments) by the accused. Confinement is definately an arrest. Interrogation has nothing to do with it.budda64_99 wroteI'm being handcuffed by one (without them reading me my rights),
This idea that an officer has to read you your rights immediately upon arrest, even while trying to cuff you is nonesense from television. Miranda rights only have to be given after one is in custody, AND only if they are going to be asked questions relating to the commission of a crime. If you weren't interogated after being taken into custody Miranda is not needed at all.