Miranda Rights are required during custodial interrogation. Police are only required to read Miranda rights (the right to remain silent and the right to an attorney) when a person is in custody and being interrogated.
Failure to read Miranda rights does not automatically lead to release. If Miranda rights are not read when required, any statements made by the suspect during that interrogation may be inadmissible in court, but it does not mean the charges are automatically dropped or the person is free to leave.
Evidence obtained independently is still admissible. Other evidence gathered legally, such as physical evidence or eyewitness testimony, can still be used against the suspect even if Miranda rights were violated.
A person can still be lawfully arrested and charged with a crime, regardless of whether Miranda warnings were given, if there is probable cause for the arrest.



I never understood using a cheap holster to carry a quality pistol that you counted on to protect yourself. I am sitting here with a Glock 17 ridding in a Don Hume leather holster as I speak. Have used his holsters for different handguns for many years with never a problem and they all served me well. I will be buying a compact double action only S&W revolver and will order a leather cross draw holster. Age has not been good to my right shoulder joint when pulling that Glock straight up from that right side draw. It is what it is till it ain't no more!
ReplyDeleteSince the police are allowed to lie to you, they can start questioning you without even identifying themselves as police. My nephew spilled the beans to what he thought was a psychologist, but turned out to be a cop out of uniform (honestly though, I wish the cop had opened fire on him, but that's a different story). If you're guilty of something, just assume everyone you talk to is a cop that is trying to trip you up.
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