HeyBub wrote:

jJim McLaughlin wrote:

mm wrote:


On Fri, 23 Feb 2007 14:30:52 -0800, Karma Ghia
wrote:



Can anything you say be used against you?
If so, why don't they advise you of your rights?
the 5th amendment.


Even the police don't have to advise you of your rights unless they
suspect you of committing a crime. When they are at the stage where
they suspect everyone, or where they have no special reason to think
you did it, you're not a "suspect".


You are almost as stupid as the OP.

Try to Google ( you can find Google, can't you?) Miranda v.
Arizona.
Read Miranda v. Arizona. (You can read can't you?)

Try to understand the concept of "custody".

Here's a hint: "Custody" has nothing to do with "suspect"


There's a lot of misinformation about the Miranda warning and I see you're
doing your part to spread it.

Cops never HAVE to give a Miranda warning. The only consequence of not
giving a Miranda warning is that anything the subject says cannot be used
against him. This prohibitioni also includes the "fruit of the posioned
tree" concept. If an un-Mirandized suspect tells the cops where the gun is
hidden, the gun cannot be used against the suspect either (in most cases -
if the gun would have been found anyway, the gun can be used).

Further, only government employees are burdened by having to give the
Miranda warning. Non-cops, if they ask and learn something from the suspect,
can repeat what they heard to the authorities. These "non-cops" include
medical workers at a hospital, by-standers at the crime scene, or even other
criminals.

As to "suspect," the OP was correct. If the focus of an investigation
converges on a single individual AND if the cops intend to use anything said
by this single individual, they MUST Mirandize the "suspect" before asking
him anything new.


Dud, I spent more than 25 years actively practiing ctriminal law in
federal courts. I never noticed you there.

I have some exeriece with the subject.

You, obviously, don't.


You have no idea what no what you are talking aout.