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arrest without mirranda

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robertburke

Junior Member
What is the name of your state? New hampshire. I was arrested on a possesion of marijuana less than 2 grams. I was in the town forrest and escorted to a patrol car and cuffed. I was then booked at the station and paid bail. At no time was i ever read my rights. What does this mean for me and can I fight the arrest?
 


Curt581

Senior Member
What is the name of your state? New hampshire. I was arrested on a possesion of marijuana less than 2 grams. I was in the town forrest and escorted to a patrol car and cuffed. I was then booked at the station and paid bail. At no time was i ever read my rights. What does this mean for me and can I fight the arrest?
It means any statements you made can be excluded. It does NOT invalidate the arrest.

Of course you can fight the arrest, but not on that basis. You'll have to find something else.
 

JETX

Senior Member
At no time was i ever read my rights. What does this mean for me
It means you have been watching too many law shows on television. Miranda is required ONLY when the officers have arrested you and are going to interrogate you (ask questions as to your criminal conduct). Presumably, since you were arrested in POSSESSION, not a whole lot of questions needed to be asked.

and can I fight the arrest?
Of course you can. Everyone has the legal right to defend against the charges. However, the 'failure' to Mirandize you is NOT a defense in this charge.
 

FlyingRon

Senior Member
Any statements you made in CUSTODY after the arrest. Miranda warnings are not necessary for non-custodial questioning.

By the way, Ernesto Miranda, from whose case the term comes from, was retried and convicted anyhow. It wasn't a get-out-of-jail-free card for him either.
 

>Charlotte<

Lurker
By the way, Ernesto Miranda, from whose case the term comes from, was retried and convicted anyhow. It wasn't a get-out-of-jail-free card for him either.
On January 31, 1976, a violent fight broke out and Miranda received a mortal knife wound; he was pronounced dead on arrival at Good Samaritan Hospital. He was 34 years old. Police officers apprehended a male shortly afterwards and read him his Miranda rights. The suspect refused to cooperate with police and took advantage of his right to remain silent. Therefore, due to a lack of evidence, he was not prosecuted for Miranda's murder.
 

Zigner

Senior Member, Non-Attorney
On January 31, 1976, a violent fight broke out and Miranda received a mortal knife wound; he was pronounced dead on arrival at Good Samaritan Hospital. He was 34 years old. Police officers apprehended a male shortly afterwards and read him his Miranda rights. The suspect refused to cooperate with police and took advantage of his right to remain silent. Therefore, due to a lack of evidence, he was not prosecuted for Miranda's murder.
I've never seen a better definition of irony...
 

>Charlotte<

Lurker
In all fairness I should say that I caged that from Wiki--and we all know how unreliable Wiki can be--but I didn't research it any further because I want to believe it's true.
 

JETX

Senior Member
It wasn't a get-out-of-jail-free card for him either.
Even less so.... since he was killed later.

In 1963, Ernesto Miranda was arrested for kidnapping and rape of a Jane Doe at a bus stop. He made a confession without having been told of his constitutional right to remain silent, and his right to have an attorney present during police questioning. At trial, prosecutors offered only his confession as evidence and he was convicted. The Supreme Court ruled (Miranda v. Arizona, 384 U.S. 436 (1966)) that Miranda was intimidated by the interrogation and that he did not understand his right not to incriminate himself or his right to counsel. On this basis, they overturned his conviction. Miranda was later convicted in a new trial, with witnesses testifying against him and other evidence presented. He was then sentenced to eleven years. He served one-third of his sentence and was turned down for parole four times before being paroled in December 1972.

When Miranda was later killed in a knife fight, his killer received the Miranda warnings; he invoked his rights and declined to give a statement. At the time of his death, Miranda had several business-card sized copies of the Miranda statement in his pocket.

In 2000, the Supreme Court confronted the issue of whether Miranda had been superseded by the enactment of the Crime Control and Safe Streets Act of 1968. A 7-2 majority ruled that the answer was no, because Miranda had articulated a constitutional rule which only the Court itself (or a constitutional amendment) could reverse. Dickerson v. United States, 530 U.S. 428 (2000).
 

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