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your rights

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Old 08-03-2003, 12:28 PM
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Default your rights

if a cop arrests you and doesn't ever read you your mirahanda rights the case will get thrown out right
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Old 08-03-2003, 12:32 PM
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i thought they didn't have to read 'em
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Old 08-03-2003, 12:34 PM
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its in the constitution now they had a huge supreme court case about it years ago i think it was mirahanda vs. Arizona
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Old 08-03-2003, 12:44 PM
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if you are officially under arrest, they have to read you your rights...if they handcuff you and throw you in the car and/or bring you to the station for detainment they don't have to read you your rights because you are not being arrested.
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Old 08-03-2003, 12:56 PM
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what if they take you to the jail and you are going to be in jail but you can get out on bail
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Old 08-03-2003, 01:07 PM
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I would consider that being arrested then.
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Old 08-03-2003, 01:20 PM
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Default Re: your rights

Originally posted by nate95sir
if a cop arrests you and doesn't ever read you your mirahanda rights the case will get thrown out right
yes that is totally true.. but how would you be able to prove that?

a judge would take a cops word over the suspect in a heartbeat
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Old 08-03-2003, 01:20 PM
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yeah if your arrested for a crime or what not they HAVE to read u your rights... alot of people got let go when the miranda court case went through cause they didnt' have their rights read to them....

and i think 93 Lude has it right about detaining...but not sure
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Old 08-03-2003, 01:25 PM
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They dont have to read you your rights if your arrested, only if your in custody and being questioned/interogated about what you were placed in custody for. If your arrested for drunk in public or assault in an officers presence (for example), he/she does have to read you your rights because he is not going to question you since it occured in his presence.
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Old 08-03-2003, 01:26 PM
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Oh and the detainment, if your in cuffs and taken to the "station", thats really usually considered a seizure of you because your not free to leave at any time, and constitutes custody.
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