Cops...Miranda Rights

[amicold]

I was just arrested....for unlawfuly dealing with a minor and possession of marijuana. However it was not mine, I was in a car and a friend had some unbeknownst to me. I'm in New York State and I'm 16, technically an adult, and I wasn't read my Miranda Rights....is this significant?

Edit:

Charged with Unlawful possession of marijuana (violation, similar to traffic ticket), and unlawful dealing with a minor (misdemeanor)

I was questioned before and after arrest I believe. I was not searched, I was not cuffed, very unprofessional if you ask me. They accused the driver of being a professional car thief and the kid can barely speak his ABCs.

Edit: I have a court summons for a later date to appeal the charges. (If the wording is correct...)

Edit: Haha wording...sorry I had to re-read the slip

 

[bctbct]

only if you confessed

 

[bmacd]

did they ask you any questions?

-=bmacd=-

 

[jlee]

Doesn't matter unless they questioned you after arrest. No questions, no Miranda required.

 

[Cuda1447]

Originally posted by: amicold
I was just arrested....for endangering the unlawfuly dealing with a minor and possession of marijuana. However it was not mine, I was in a car and a friend had some unbeknownst to me. I'm in New York State and I'm 16, technically an adult, and I wasn't read my Miranda Rights....is this significant?

Did you get charged with anything, or just arrested and then let go when everything was figured out?

(Sorry I offer no help, just curious).

 

[boggsie]

Originally posted by: amicold
I was just arrested....for endangering the unlawfuly dealing with a minor and possession of marijuana. However it was not mine, I was in a car and a friend had some unbeknownst to me. I'm in New York State and I'm 16, technically an adult, and I wasn't read my Miranda Rights....is this significant?

More details ...

Were you questioned or given a summons to appear at a later date?

 

[BriGy86]

i believe they only apply when they are going to bring you in for questioning

like a murder suspect or something

 

[jumpr]

Originally posted by: amicold
for endangering the unlawfuly dealing with a minor

Huh?

 

[boggsie]

You have the right to remain silent, anything you say, blah blah blah, blah blah...

-Chief Wiggum

 

[Malak]

Miranda Rights are only necessary if they are going to question you. To be honest, I think they are a waste of breath.

 

[jlee]

Originally posted by: Malak
Miranda Rights are only necessary if they are going to question you. To be honest, I think they are a waste of breath.

Almost everyone (if not everyone) knows that they have the right to remain silent..imho, it's not a whole lot more than a lawyer loophole. The Miranda case itself made sense, though.

 

[Brainonska511]

Originally posted by: amicold
I was just arrested....for endangering the unlawfuly dealing with a minor and possession of marijuana. However it was not mine, I was in a car and a friend had some unbeknownst to me. I'm in New York State and I'm 16, technically an adult, and I wasn't read my Miranda Rights....is this significant?

Idk, but don't do anything now without a lawyer.

 

[ElFenix]

the Court last year changed the application of miranda rights.

 

[Malak]

Originally posted by: CadetLee

Originally posted by: Malak
Miranda Rights are only necessary if they are going to question you. To be honest, I think they are a waste of breath.

Almost everyone (if not everyone) knows that they have the right to remain silent..imho, it's not a whole lot more than a lawyer loophole. The Miranda case itself made sense, though.

I didn't think the Miranda case made sense at all. The guy confessed, case closed. I also think the whole doctor/client priviledge thing isn't right either. None of that is true justice.

 

[George P Burdell]

Due to the prevalence of American television programs and motion pictures in which the police characters frequently read suspects their rights, it has become an expected element of arrest procedure. In 2000, Chief Justice William Rehnquist wrote that Miranda warnings had "become embedded in routine police practice to the point where the warnings have become part of our national culture" (The Economist, July 2-8, 2005). However, police are only required to warn an individual whom they intend to subject to custodial interrogation at the police station or when detained. Arrests can occur without questioning and without the Miranda warning ? although if the police do change their mind and decide to interrogate the suspect, the warning must be given then. Furthermore, if public safety warrants such action, the police may ask questions prior to a reading of the Miranda warning, and the evidence thus obtained can sometimes still be used against the defendant.

Miranda does not protect detainees from standard booking questions: name, date of birth, address, and the like. Also, persons suspected of driving under the influence do not have Miranda rights prior to blood alcohol tests.

http://en.wikipedia.org/wiki/Miranda_wa...onfusion_regarding_the_Miranda_warning

 

[mugs]

Originally posted by: Malak

Originally posted by: CadetLee

Originally posted by: Malak
Miranda Rights are only necessary if they are going to question you. To be honest, I think they are a waste of breath.

Almost everyone (if not everyone) knows that they have the right to remain silent..imho, it's not a whole lot more than a lawyer loophole. The Miranda case itself made sense, though.

I didn't think the Miranda case made sense at all. The guy confessed, case closed. I also think the whole doctor/client priviledge thing is right either. None of that is true justice.

John Ashcroft? Is that you?

 

[Trogdor91]

<arnold>Do you know miranda?
<randomguy>Never heard of the b!tch
<arnold>PUNCH!

 

[swimscubasteve]

Originally posted by: amicold
I was just arrested....for endangering the unlawfuly dealing with a minor and possession of marijuana. However it was not mine, I was in a car and a friend had some unbeknownst to me. I'm in New York State and I'm 16, technically an adult, and I wasn't read my Miranda Rights....is this significant?

Don't do the crime...

 

[Donuts]

Not sure about the laws in NY. Sounds like if your in and/or around it you own it.
More than likely they talked with you and you partner at lenght prior to the arrest being made. Cops are allowed to ask question to figure out whats going on. So, once the cuffs were put on there was no real "evidence" type questions to ask of you. Hence no need for Miranda. Hope that helped.

 

[DeviousTrap]

16 != legal adult.

 

[bradruth]

I would need to hear what questions you were asked before I could say whether or not you should have been read Miranda, but if the questioning was not in the accusatory stage then there was no reason for you to have been read them.

 

[Mill]

No need for them to read you Miranda rights unless they were going to question you. Except in the case of a DUI. With a DUI they never have to read you your Miranda rights. You can be questioned and forced to submit to a chemical test without them ever telling you your rights.

 

[Whisper]

Originally posted by: Mill
No need for them to read you Miranda rights unless they were going to question you. Except in the case of a DUI. With a DUI they never have to read you your Miranda rights. You can be questioned and forced to submit to a chemical test without them ever telling you your rights.

Somewhat true. In GA at least, I know they're required to read you a statement stating that you have the option to undergo blood/urine testing rather than, or in addition to, a breathalyzer. Not really miranda rights, but rights nonetheless.

Also, are you sure that you could be questioned after a DUI arrest without being read miranda? That just doesn't seem to make much sense; your right not to incriminate yourself doesn't seem like it would depend on the nature of the crime, but I could be wrong.

 

[amicold]

Originally posted by: bradruth
I would need to hear what questions you were asked before I could say whether or not you should have been read Miranda, but if the questioning was not in the accusatory stage then there was no reason for you to have been read them.

Well, the driver and passenger were accused right after the ID were checked of stealing cars. When neither of them have been arrested before, and one of them can't even drive.

The other questions were half-accusations. "We know you got something in here, what is it?" Basic police bullshit, don't mean to insult your profession, who actually knew there was something? Haha

 

[tommywishbone]

Forget about it. I've been arrested more than 20 times and I have never, not even once, been read my Miranda Rights.