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What can cops do with out reading you you're rights? |
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Answer
Miranda rights only apply to custodial interrogation. This is a two part determination of are you in custody and are you being interrogated. Unless both elements are there, Miranda is not required. Even if they fail to give you your Miranda rights all that happens is that your statements cannot be used in court.
Custody and interrogation are fact specific. You can be in custody without being arrested. You can be asked questions without it being an interrogation.
For example, a traffic stop is not normally considered custodial and anything you say is admissible. If you and your buddy are arrested, placed in the back of the police car and they record your conversation, it is admissible since you were not being interrogated.
First answer by Lwpat. Last edit by Lwpat. Contributor trust: 159 [recommend contributor]. Question popularity: 7 [recommend question]
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