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Arrests, Searches, Warrants & Procedure : Includes Right to Counsel, Fifth Amendment Rights, Right to Trial by Jury, etc.
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Old 02-08-2002, 08:58 AM
lillisa4
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Miranda rights


I read in a previous post that only if the law was going to question you did they have to read you your rights. I'm confused on this because if you are pulled over ... detained.. they search your vehicle and find reasons to arrest you do they not have to read you your rights at the time of arrest. I have read of numerous cases being dismissed due to the fact that a person was not read their rights upon arrest. any help?
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Old 02-08-2002, 09:57 AM
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Join Date: Jan 2002
Location: california
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miranda rights only apply during questioning if the subject is under arrest or during a custodial detainment. normal traffic stops and investigative questions during said stop do not apply. however, if you are stopped and detained because of a specific crime (other than traffic related) and you are not free to leave, then yes maranda can apply, but only if they question you about that specific crime you are being detained for. also if you consent to a search of your vehicle and you are subsequentley arrested for any contraband found during the search, the officers only have to mirandize you if they wish to question you about the contraband.

TYRIS
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Old 02-08-2002, 10:10 PM
lillisa4
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well i was stopped and detained and arrested for contraband and they did attempt to question me on the side of the interstate about things. I myself was read my miranda rights as i was being handcuffed but my friend who was a passenger in the car with me and who was also charged with the same offenses at the same time i was ,,,was not read her rights. Don't know that it will make a difference cause its one word against another and the law never tells a lie...right? yea...right...but nevertheless ive paid a good sum of money for an attorney so we will just have to await the outcome and see what prevails....
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