Comment on Just got arrested for a supposed DWI even though I blew a 0.0000000. Don't cops need to read your Miranda rights to you? I asked for a blood or hair follicle test and I was denied. WTH is happening?

heartSagan5@lemmy.zip ⁨3⁩ ⁨days⁩ ago

• jpreston2005@lemmy.world ⁨3⁩ ⁨days⁩ ago

  Shit I didn’t ever hear about this.

  The Miranda warning isn’t required every time a police officer initiates an interaction with you.

  For the Miranda rule to apply, a person must be in custody, meaning that they are “deprived of freedom of action in any significant way.” Routine traffic stops are usually not considered custodial.

  For the Miranda warning to apply, a person must meet two conditions: 1) being in custody and 2) under interrogation. For example, if you are “un-Mirandized” and cuffed at the police station, blurting out a confession while you aren’t being questioned is admissible evidence in court because while you were in custody, you were not being actively interrogated.

  Police are not required to read your Miranda rights before or during arrest. While some officers may choose to do so, they are only legally obligated to “Mirandize” suspects who are being questioned in custody.

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  • KingGimpicus@sh.itjust.works ⁨3⁩ ⁨days⁩ ago

    This has always been a thing forever. A Miranda warning is exactly that, a courtesy warning. Anything you say at literally any time and in any scenario barring very little can be used against you in a court of law. At the same time, you always have the right to invoke your 5th amendment protections barring very specific exceptions. AFAIK the exception is when a judge orders you to testify. Literally no other time can you be compelled to answer unless you’ve already agreed to do so.

    Point: Always assume anything you say is being recorded and might come up again later. Do not rely on other people to warn you before you fuck yourself. Shut your speak hole unless your representative says otherwise.

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