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questioning procedure

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kller3

Junior Member
I was recently question by the police and am considered a person of interest in a case. I told the officer that I did not want to talk about it. He continued to question my and I gave him some information that he can use against me. Is this information inadmissable because I told him that I didn't want to talk and I was not informed of my right?
 


rmet4nzkx

Senior Member
kller3 said:
I was recently question by the police and am considered a person of interest in a case. I told the officer that I did not want to talk about it. He continued to question my and I gave him some information that he can use against me. Is this information inadmissable because I told him that I didn't want to talk and I was not informed of my right?
Sure he can use it, you told him you didn't want to talk but talked anyway, therefore you consented. I suggest you consult and retain a criminal defense attorney before the police visit you again. Did you do it?
 

CdwJava

Senior Member
kller3 said:
I was recently question by the police and am considered a person of interest in a case. I told the officer that I did not want to talk about it. He continued to question my and I gave him some information that he can use against me. Is this information inadmissable because I told him that I didn't want to talk and I was not informed of my right?
Were you under arrest?

Where did this conversation take place? Under what circumstances?

- Carl
 

CdwJava

Senior Member
kller3 said:
I was not under arrest, but was at the police station.
Okay ... and the circumstances?

Did you walk in or were you driven there by the cops? Were you in the lobby? Were you in an interview room? An office? Where were you in the office?

Details ... those details will determine whether or not Miranda applied.

In general, if the amount of force used in a detention is similar to that used in a custodial arrest then Miranda would likely apply. But if you came in on your own, talked to an officer in a lobby or at his desk, then it probably would not.

- Carl
 

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