This means that any time a person is in custody and subject to interrogation, the police must apprise the person of his rights, or the statements are inadmissible in court.
Custody is defined as any deprivation of liberty where the person does not feel the freedom to simply walk away. It should be noted that courts generally rule that people are not in custody during routine traffic stops and other routine police encounters... displayed 300 characters
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It should be noted that courts generally rule that people are not in custody during routine traffic stops and other routine police encounters. Interrogation means: questioning initiated by law enforcement officers after a person has been taken into custody or, any other police action that produces an incriminating response... displayed next 300 characters
People are often surprised to learn that if a person hasn't yet been arrested, the police may question the person and use the answers in court without first providing the familiar "Miranda warning" that advises people of their constitutional right to not answer questions and to have an attorney present if they do decide to talk to police officers...
The case came before the Supreme Court under Chief Justice Earl Warren in 1966 because it dealt with the rights of criminals, and the issue of the way poor people were being treated by the police was an issue of concern...
You and criminal defense attorney are going to have to show at least four instances of why you had to defend yourself in such an extreme way. Your criminal defense attorney will have to show the judge or jury that you r confrontation was unprovoked by you or that you were in immediate danger of bodily harm, or that your use of force was necessary in preventing that harm, or that they amount of force you used was reasonable...
The Miranda Warning helps keep abuses in check. If the law is used correctly, the guilty would receive their due punishment. When police officers inform suspects of their rights before interrogation, it is very unlikely that the judge presiding over any case would throw out statements made during questioning...
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