MIRANDA I

There is an understandable misconception that the police are required to read Miranda warnings upon arrest.  This is true because in crime shows the police will invariably read a suspect his rights upon arrest.  This is a device to create excitement and signal the audience that an arrest is now officially underway.  In reality there are two conditions that must be satisfied for this requirement to come into effect:   The person must be in custody and be subject to interrogation.  Custody means that the person’s freedom of movement is restricted by the police.  Interrogation is questioning that would invite an incriminating response.  Since Miranda was decided in 1966, there have been thousands of cases interpreting this decision on the state and federal level viagra suisse g.  The battle usually comes down to whether the person was in “custody” at the time as that term has come to be defined and whether the police asked a question that lead to an incriminating response.

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