Mirandized, question for LEOs

This is a discussion on Mirandized, question for LEOs within the Concealed Carry Issues & Discussions forums, part of the Defensive Carry Discussions category; you do not need a lawyer, you will not be charged with a crime. If they planned on charging you they would have buy now. ...

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Thread: Mirandized, question for LEOs

  1. #16
    Ex Member Array jaredpotts's Avatar
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    you do not need a lawyer, you will not be charged with a crime. If they planned on charging you they would have buy now. I am assuming that at the time of questioning all the facts had not yet been determined. When they questioned you they had not yet decided if you had acted in self defense or assaulted the guy.

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  3. #17
    Ex Member Array MadMac's Avatar
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    Quote Originally Posted by jaredpotts View Post
    you do not need a lawyer, you will not be charged with a crime. If they planned on charging you they would have buy now. I am assuming that at the time of questioning all the facts had not yet been determined. When they questioned you they had not yet decided if you had acted in self defense or assaulted the guy.
    There is a difference between being criminally liable and being civilly liable. See: OJ Simpson.

    The DA may not charge you, but the perp can file a lawsuit in civil court.

    I AM NOT A LAWYER. My post is for discussion purposes only.

  4. #18
    Member Array Goldstar225's Avatar
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    You were read your rights because the investigating officer or his leadership can't grasp the simple rules on when a miranda warning must be given. They are (1) you are being questioned and (2) you are in custody (under arrest) or a custody like environment where an innocent citizen would reasonably believe that they were in custody (such as handcuffed in the back of a patrol car). Both elements must exist for a warning to be mandated.

    The most likely scenario is that the crook went to jail and is either awaiting trial or has plead to the offense already.

  5. #19
    VIP Member Array farronwolf's Avatar
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    A simple phone call to the DA's office with the simple question of "Do you have any active cases or charges pending against me" should give you the answer you need. If they say no, why do you ask you can tell them if you want or just say, ok thank you.

    Nothing in that conversation would be able to be used against you and you don't need to pay a lawyer to ask a simple question like that.
    Just remember that shot placement is much more important with what you carry than how big a bang you get with each trigger pull.
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  6. #20
    VIP Member Array TedBeau's Avatar
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    Quote Originally Posted by Goldstar225 View Post
    You were read your rights because the investigating officer or his leadership can't grasp the simple rules on when a miranda warning must be given. They are (1) you are being questioned and (2) you are in custody (under arrest) or a custody like environment where an innocent citizen would reasonably believe that they were in custody (such as handcuffed in the back of a patrol car). Both elements must exist for a warning to be mandated.

    The most likely scenario is that the crook went to jail and is either awaiting trial or has plead to the offense already.
    If I'm cuffed and in the back of a ploice car, you can bet I figure I'm in custody.
    To the OP, good job on defending yourself against an armed assailant!

  7. #21
    Member Array merlin82plus's Avatar
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    Quote Originally Posted by HK Dan View Post
    ... I managed to restrain and tenderize him for his trouble
    LOL, I love the way you put that... almost as much as the fact that he got his a$$ kicked.

  8. #22
    Senior Member Array HK Dan's Avatar
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    Thanks guys, that pretty much confirmed my thinking. No, I was not arrested nor fingerprinted. The bad guy went to jail just before my statement was made. The sheriff had called him to come in and give a statement, and the guy's girlfriend, who was with him for this incident, called in and confirmed my whole side of the stroy. They had just had a fight, you see. So when the guy showed up the sheriff knew exactly what happened and just let the guy paint himself into a corner. The interrogation was hilarious to watch.

    Ah, well, I think I'll keep my mouth shut for a while yet, but thanks to Marc Denny and Gabe Suarez, it turned out fine.

    Dan
    "What does Marcellus Wallace LOOK like?"

  9. #23
    Member Array Vtxdpm's Avatar
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    Quote Originally Posted by HK Dan View Post
    ... but thanks to Marc Denny and Gabe Suarez, it turned out fine.
    Dan
    Ahh, did some "dog catcher" on him huh? Well done sir.

    About your original question, I'm not a lawyer but seems like you're in the clear at this point.

  10. #24
    Member Array Sledzep01's Avatar
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    OK, I hope this is OK here and not Hijacking, but the consensus seems to be that the comments AFTER the miranda can be held against you. I agree there (easy enough since that is stated in the warning). But couldn't the same be said for any comments to an officer before you were read your rights?
    and, for the second part. Would any notes by the officer taken before the warning actually be saved for future use by anyone for anything like a civil case or do they only save the comments after you are read your rights?

    Sled

  11. #25
    Member Array Goldstar225's Avatar
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    Quote Originally Posted by Sledzep01 View Post
    OK, I hope this is OK here and not Hijacking, but the consensus seems to be that the comments AFTER the miranda can be held against you. I agree there (easy enough since that is stated in the warning). But couldn't the same be said for any comments to an officer before you were read your rights?
    and, for the second part. Would any notes by the officer taken before the warning actually be saved for future use by anyone for anything like a civil case or do they only save the comments after you are read your rights?

    Sled
    If a person has not been arrested, no miranda advisement has to be given, it doesn't matter if they are a suspect, victim or witness. Any statement made is admissible.

  12. #26
    VIP Member Array Guantes's Avatar
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    Quote Originally Posted by Sledzep01 View Post
    OK, I hope this is OK here and not Hijacking, but the consensus seems to be that the comments AFTER the miranda can be held against you. I agree there (easy enough since that is stated in the warning). But couldn't the same be said for any comments to an officer before you were read your rights?
    and, for the second part. Would any notes by the officer taken before the warning actually be saved for future use by anyone for anything like a civil case or do they only save the comments after you are read your rights?

    Sled
    Many officers save their notebooks as they can be used as memory refreshers during testimony, should and incident go to court.
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  13. #27
    Member Array trev869's Avatar
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    Quote Originally Posted by Sledzep01 View Post
    OK, I hope this is OK here and not Hijacking, but the consensus seems to be that the comments AFTER the miranda can be held against you. I agree there (easy enough since that is stated in the warning). But couldn't the same be said for any comments to an officer before you were read your rights?
    and, for the second part. Would any notes by the officer taken before the warning actually be saved for future use by anyone for anything like a civil case or do they only save the comments after you are read your rights?

    Sled
    Any spontaneous statement period whether before or after arrest or any question answered before you have been placed in custody is admissible in court. Miranda is not required during an investigation if you are not in police custody. Also Miranda does not have to be read to a suspect if no questioning in reference to the case is going to be asked. For example, If I arrest someone for simple misdemeanor marihuana(yes that is how it is spelled) charges then I have no reason to question the suspect.

  14. #28
    Member Array xoolo's Avatar
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    Side note, about 10 years ago there was a police involved shooting here... with out going into details, the state police showed up to do the investigation to verify if it was a good shoot.
    The state Mirandized the city officers involved, and yes they kept there mouths shut until a FOP lawyer was with them.... so... if some one doing their job (LEO) knows what to do to cover there butt legally, you better believe a citizen should also....

    sorry to side track your thread a bit...

  15. #29
    Senior Member Array dripster's Avatar
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    Routine interview=No Miranda
    Interrogation=Miranda

    Rule of thumb. Looks like the investigating officer was unsure of his use of Miranda standing. Or on the other hand if he thought he might have to take you both in he covered his butt just in case. In some instances the officer will arrest both parties and let the judge/ prosecutor decide from there.
    One more step and it's on!

  16. #30
    New Member Array Saddlenow's Avatar
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    Voluntary Statements are admissible. Before or after Miranda. Best advice: LEO isn't there representing you at all. He is gathering his information for testimony later. LEO's make statements and ask a lot of questions that are intended to draw you into a conversation and they will write it down even if you don't say it right. Therefore, keep your mouth shut, only state that you are not making any statements and if applicable are not consenting to any searches, and that you want your lawyer. You are the ONLY one representing YOU at the time. Turn on your recorder or phone to back up your refusal to give statements and refusal to consent to requested search, if any.

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