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Civilian Police Mirandizing Military Suspects

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condryl

Junior Member
Is anyone familiar with any case law citation wherein a suspect who is active duty military, and who is ordered to appear for an interrogation by civilian law enforcement, is considered to be in "custody" for purposes of Miranda?What is the name of your state (only U.S. law)?
 


Ohiogal

Queen Bee
Why is he being asked to come in for questioning? Is this a US military personnel? Why do you think it matters that you are military?
 

condryl

Junior Member
He is active duty military. Miranda requires a suspect in custody being read his rights prior to interrogation. There is case law, that I am trying to locate, that states that a military person ordered to be at an interrogation is considered to be in custody since he is under military orders to be there and is therefore not free to leave.
 

CdwJava

Senior Member
He is active duty military. Miranda requires a suspect in custody being read his rights prior to interrogation. There is case law, that I am trying to locate, that states that a military person ordered to be at an interrogation is considered to be in custody since he is under military orders to be there and is therefore not free to leave.
I worked for many years for a civilian agency immediately adjacent to a very large USMC base and I have never heard of such law. We treated Marine and Navy personnel as we did anyone else. The same standards for Miranda will apply.

Miranda is what it is. The fact the suspect might be in the military does not automatically transfer to "custody" for purposes of Miranda.

- Carl
 

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