Evidence before MIRANDA Admissible?

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Latest post 10-19-2010 4:19 PM by Ford. 3 replies.
  • 10-19-2010 3:17 PM

    • tomstarks
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    Evidence before MIRANDA Admissible?

    HYPOTHETICALLY:

    Is evidence "blurted out" by suspect BEFORE Miranda warning was presented admissible in court?

    What if the Miranda warning was NEVER presented, even after arrest, and waiting for trial?

  • 10-19-2010 3:29 PM In reply to

    Re: Evidence before MIRANDA Admissible?

    tomstarks:
    Is evidence "blurted out" by suspect BEFORE Miranda warning was presented admissible in court?

    What if the Miranda warning was NEVER presented, even after arrest, and waiting for trial?

    The answers to both questions depend on the specific set of circumstances.

    Before asking hypothetical questions, try googling the topic.

    You would have found this brief summary of Miranda rules:

    http://faculty.ncwc.edu/mstevens/410/410lect19.htm

    • The right of the people 
    • to keep and bear arms,
    • shall not be infringed.
  • 10-19-2010 3:36 PM In reply to

    • Kivi
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    Re: Evidence before MIRANDA Admissible?

    Hypothetical questions get hypothetical answers.

    Generally speaking, if the subject was not being interrogated while in custody, the statements probably are admissable. I think that it goes without saying that details matter. Many disputes about suppression of such statements likely revolve around this very issue of whether someone was or was not in custody at the time the statements were made..

    On TV, police always read Miranda rights immediately after arresting someone. That's TV law. A Miranda warning generaly is required if someone is in custody AND the police want to interrogate him or her. So, if the police were summonded and someone voluntarily made incriminating statements before actually being in custody, those statements could well be admissable.

    It also is well to know that the remedy is simply suppression of the evidence, in this case the statements. If the DA has other evidence, it can go forward with the case.

  • 10-19-2010 4:19 PM In reply to

    Re: Evidence before MIRANDA Admissible?

    Is evidence "blurted out" by suspect BEFORE Miranda warning was presented admissible in court?

    Normally, yes.  A defendant's "spontaneous admissions" aren't brought about by the police so there is no violation of rights.

    What if the Miranda warning was NEVER presented, even after arrest, and waiting for trial?

    Miranda is NEVER required.  Miranda must be given only if:

    1. The defendant is in custody;
    2. the defendannt is subject to interrogation; AND
    3. The state wants to use the statements at trial against the defendant.
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