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Arrest Without Miranda Rights In San Diego
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State:
Multi-State
County:
San Diego
Control #:
US-000280
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FAQ
Miranda warnings are not required when the suspect is unaware that they are speaking to a law enforcement officer and gives a voluntary statement.
Your “Miranda” rights are: You have the right to remain silent. Anything you say can be used against you in a court of law. You have the right to have a lawyer present during any questioning.
No, you cannot sue for no Miranda warning. You don't have a right to a Miranda warning. If you did, then maybe you might have a Sec. 1983 claim for no advisement. Instead, your remedy for no Miranda warning is suppression of incriminating statements made while you were under arrest.
However, law enforcement does not have to read Miranda rights (also known as “Mirandize”) to you before asking any and every question.
The Fifth Amendment safeguards the right to remain silent in California, protecting individuals from self-incrimination. This right is not absolute and has exceptions, including situations where individuals voluntarily provide self-incriminating statements or when granted immunity.
If you are not read a required Miranda warning, we can file a “motion to suppress evidence.” If the judge grants it, any incriminating statements you made after the warning should have been given will be inadmissible.
To determine whether a suspect has knowingly and intelligently waived Miranda rights, a court must appraise the “totality of the circumstances” including the suspect's “age, experience, education, background and intelligence” and “whether he has the capacity to understand the warnings given him, the nature of his Fifth ...
