A primer on what NOT to do when Mirandized

Discussion in 'Legal' started by rabid wombat, May 1, 2022.

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  1. Japle

    Japle Member

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    I was advised that, if they start Mirandizing you, you should ask, "Am I suspected of committing a crime"? If the answer is anything other than a flat, "no", stop talking. If it is a "no," get a video of him (or her) telling you that.

    After they read you your rights, they ask, "Do you understand these rights"? Say, "No". You don't understand what's going on. You don't understand why they want to question you. You don't understand any of this. Just no.
    I'd appreciate a more expert opinion on this.
     
  2. The Glockodile

    The Glockodile Member

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    Is this true - if you're the convenient person to pin something on - you're it?
     
  3. Kleanbore

    Kleanbore Moderator Staff Member

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    Why would the answer affect your decision?
     
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  4. Kleanbore

    Kleanbore Moderator Staff Member

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    That is not really relevant to a use of force incident in which the actor intends to pursue a legal defense of self defense.
     
  5. RetiredUSNChief

    RetiredUSNChief Member

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    Asking the police any questions does not, in fact, buy you anything at all. It's been long affirmed in the courts that the police can, and are allowed, to lie in the pursuit of an investigation. So even if they looked you square in the eyes, placed their left hand on a mountain of Bibles, raised their right hand, and enunciated "No" while a polygraph in the background steadily recorded an apparent honest answer on their part, that answer would mean absolutely NOTHING in a court of law if you should choose to challenge it.

    If you are read your rights, don't play games like saying "No" in response to "Do you understand these rights". Answer affirmatively (because they're exactingly plain and simple) and then clearly state you are exercising your right to remain silent AND THEN KEEP YOUR TRAP SHUT.

    Rest assured that the police are NOT playing games. YOU should not be either, because it's YOUR rights and liberties at stake, not theirs.


    I'll reiterate here:

    If you are read your rights and you wish to exercise your right to right to remain silent, STATE THIS AND THEN KEEP YOUR TRAP SHUT.
     
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  6. Sarge7402

    Sarge7402 Member

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    Try some of this with the FBI and you'll find yourself locked up in a fine bop facility getting acquainted with bubba Leroy and Alphonse.

    Miranda starts off you have the right to remain silent. Shut up. Get a mouthpiece.
     
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  7. Arkansas Paul

    Arkansas Paul Member

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    I ask myself this question nearly daily.
    It's right up there with, "Why would anyone give consent to search their vehicle when they know there are drugs in it?"
    I don't have the answer as to the why, I just know it happens all the time.
    It seems like every file that ends up on my desk there are drugs that would not have been found absent consent to search, and there are admissions to crimes given after Miranda rights are read. That's just how it is. And it ties my hands as to what I can do for the person in many cases. I have pulled a rabbit out of the hat in a jury trial and got an acquittal on a drug charge where the drugs were in the persons bag and he admitted they were his. But that don't happen very often.


    This is good advice. I would add one thing to it.
    Specifically state that you want an attorney. Don't say something broad like, "Maybe I should talk to my lawyer." State firmly, "I am am affirming my right to remain silent. I want my attorney."
    All interrogation must cease immediately and if more questions are asked following this affirmative statement should be deemed inadmissible. Unless of course the person makes unsolicited or spontaneous statements, which also happens all the freaking time.
     
    Last edited: Sep 17, 2022
  8. JeffG

    JeffG Member

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    The two pronged test for law enforcement to use the Miranda warning is: custody of a person and/or movement of that person without clear opportunity to leave. Reading Miranda in other circumstances is usually a wide blanket throw motivated by department policy.
    People's innate need to explain themselves gets them into tricky territory after that.

    If you don't see a clear need to "zip it" after that, you're on your own.
     
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  9. plainsdrifter

    plainsdrifter Member

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    "Mind if we come in the house?" YES I do MIND!

    Luckily the wife is a county attorney so I got my bases covered. Plus,, I'm not allowed to break laws anyways per her advice.
     
    Last edited: Sep 17, 2022
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  10. Insignificant bill

    Insignificant bill Member

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    Yes sir exactly what your attorney tells you to do
     
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  11. Kleanbore

    Kleanbore Moderator Staff Member

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    "After that"?
     
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  12. JeffG

    JeffG Member

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    Attorney, and a clear written explanation of the charges/suspicions.
     
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  13. Kleanbore

    Kleanbore Moderator Staff Member

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    ???

    There is no "the Miranda light is on" moment before which what you say cannot be used against you.
     
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  14. P89DCSS

    P89DCSS Member

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    Never talk to cops making an investigation without a lawyer present. Don't wait for Miranda before for shutting up..The law can claim you lied and you'll be found guilty. Ask General Flynn if you don't believe me.
     
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  15. Kleanbore

    Kleanbore Moderator Staff Member

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    Use reason. If there has just been a shooting and the police ask if you saw a man running with an AR-15, and in what direction, only a fool would refuse to answer,

    Good advice
     
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  16. P89DCSS

    P89DCSS Member

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    Growing up in Northern Illinois, land of literally hundreds of overturned false convictions (including a score of vacated death sentence convictions) due to crooked cops/DAs I would really hesitate. Beside, that senerio is very unlikely. More likely are questions about a crime where they're trying to rope in accomplices after the fact. Or you look like the perp so they snatched you off the street. As in CPD Lt Burge.

    For those kind of cases don't say a word and ask for a lawyer if you don't have one on.

    https://en.wikipedia.org/wiki/Jon_Burge
     
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  17. Kleanbore

    Kleanbore Moderator Staff Member

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    I do hope you are kidding.

    There are all kinds of reasons why arriving first responders would need immediate information about things.

    There are several kinds of interactions with police officers. Those who would imagine themselves qualified to discuss what to say and what not to say would behoove themselves to learn about the purposes, and to the differences as they relate to interacting with officers.

    As of a couple of days ago, it was wtill possible to sign up for the Law of Self Defense course in criminal law, taught by Steve Gosney. It is not an accredited course, but it is extremely educaitonal. and it will equip people to make informed decisions on things like this.
     
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  18. P89DCSS

    P89DCSS Member

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    Of course I'm not kidding. When you grow up around crooked law enforcement, crooked DAs and crooked judges it's hard to forget.

    Now I live in a metropolitan area and county where it's the opposite for the most part. Even so, I record all interactions. My house is wired with complete surveillance outside and inside there's a camera I can turn on with a flip of a light switch. I haven't been pulled over for several years and for the most part I don't go out at night and never past 10pm. So my interactions with LE is minimal. Mostly me waving at the cops when they see me walking my dog.
     
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  19. Kleanbore

    Kleanbore Moderator Staff Member

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    You could use some education on the subject.

    "Did a man with a gun just run into your basement?". "I will speak to you when my lawyer arrives". Think about it.
     
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  20. JeffG

    JeffG Member

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    Agreed. People always think that once their explanation is heard, everything will be clear and they will be exonerated. Anything you say is part of the totality of circumstance in any case. The question was what do you say after Miranda has been stated as a warning to you....nothing without an attorney, is my experience. I am a retired cop, and I dearly love cops, but they do not have your best interest at heart; they have the best interest of the public, the department, and solving a situation. If you wish to dance on your own **** they will listen, and include it in their work.
     
  21. wbm

    wbm Member

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    Seriously? Three pages of bloviation?

    Say "I don't want to talk to you." That's it!
     
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  22. Kleanbore

    Kleanbore Moderator Staff Member

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    There is a lot to be understood.
    How about the fact that what you do not say can be used against you? Are there things that should be said? Are you suggesting not calling 911?
     
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  23. Frank Ettin

    Frank Ettin Moderator Staff Member

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    I think the ground has been covered
     
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