Miranda Rights?

[ProfessorFrink]

Do you need to read off of a card when giving someone there Miranda Rights??? I heard my teacher saying they have to have a card and read that off.

[SeVere]

No you do not. But if you report that you did not use a card, you should be able to repeat them on the witness stand by memory.

There is absolutely no requirement that the rights be read only that they be given in the proper circumstances.

[DepDog]

No you do not have to use a card. Our agency has them and I carry several in my shirt pocket. If I am going to read someone their Miranda Rights I use the card and have them sign it, stating they understand their rights.

[vadep]

We read it to them right off the card then have them sign the card after they mark yes or no in response to questions about whether or not they understood it and agree to answer questions.

Same here.

[scootsmo]

Miranda....whats that?

[Joeyd6]

We read them off a card. Then when the defense attorney aquestions if we did it properly or screwed them up...we always say..."I read them directly off my memo book which was signed by the perp."

[SeVere]

Miranda....whats that?

Same thing as the birdman of proof as in What do you mean the state has the birdman of proof?

[rdp]

In the field, I use the card. It is WAY too easy to be tripped up if you do it on memory alone.

If it is in an interview, I will usually use the card they read and sign.

[dwf]

How do you folks have them sign it when handcuffed? I always read it, but it's read after they are in cuffs and sitting in the backseat. I won't talk to them or allow them to talk to me prior to that.

[rdp]

In certain cases, without an admission, you have no case. So, you need Miranda in order to build PC.

If you need them to sign it, the cuffs come off.

It is also hard for them to right a statement when they are handcuffed;)

[dwf]

hmmm, still don't see it. After I've wrestled someone into the backseat, there isn't a chance in this world I'm taking the cuffs off so they can sign the warning card. I'll stick to testifying that I read it per my department issued card.

When it comes time to have someone write a statement, they have calmed down and I will have them either at the jail or back at the office. We might be talking about two different scenarios here.

[rdp]

There are times on the street too though.

The more you do it, the more you feel when it is the right time just like any part of police work. It is for the super oh yes person or on a case where you may be riding a line.

There are some suspects that I don't even feel comfortable with in an interview at jail unless they are belly chained...........if you know what I mean.

[sbrad]

I won't talk to them or allow them to talk to me prior to that.

Why would you shush them if they are speaking without you asking them questions?

[Ghost 1]

Guys..............some of ya'll take Miranda too seriously. Or should I say,your dept may. I've seen cases where a dept requires their officers read Miranda for little things like DUI's. If its dept policy,then OK. But if it isn't,why read it? Prime example. You are riding down the road and see one guy knock the hell out of another guy. You pull up and arrest him for (insert charge here). You put him in the back of the car. You saw him do it. It was plain sight and you have PC for the arrest all day long. Why question him? He's gonna come up with some lame *** excuse anyway about why he did it like "He called me a name!" As a patrol officer,you shouldn't have to read someones rights except on very FEW and far between times. Thats what investigators are for. If you come across a body,and a guy standing there holding a smoking gun,you have enough reason to arrest. Let the investigators interview and give Miranda. Also,if you're not questioning him,then anything he says falls under "spontaneous utterance" and if it gets recorded on the dash cam so much the better. :D

[retdetsgt]

I agree totally with Ghost1. IF you are the sole investigator, that's fine. But if someone else (a detective) is going to interview the suspect later, don't give him miranda and don't ask him any questions. If he says something in the backseat, it's a spontaneous admission and can be used in court regardless of miranda.

I lost a great confession to a bank robbery and shooting of a cop because the uniform officer had given him miranda when he arrested him. The guy was of course upset and demanded a lawyer. When I interviewed him later, he was calmer and I established some rapport with him he gave me a full confession. I didn't find out until later about the earlier miranda reading and my confession was worthless. :mad: