Violation of Miranda Rights

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Latest post Sat, Oct 13 2007 1:38 AM by Trixierose. 4 replies.
  • Fri, Oct 12 2007 3:18 AM

    Question [=?] Violation of Miranda Rights

    This happened in Minnesota.

    Jan. 2007 my brother and his wife were asked to come in and talk to this investigator. They didn't know it was about their granddaughter, they thought it was about something else. She talked to my sil and told her that in short if she loved her grandkids to forget about her husband and leave him and get on with a new life cause he was going to prison for life for molesting his granddaughter. She said he was quilty and she hadn't even met him yet. later my brother showed up, she started asking him questions about his one son and he realized it wasn't their son they wanted to know about but him so he asked what was going on. She said his granddaughter said he molested her and he was going to spend the rest of his life in prison. He said he didn't do anything and she wouldn't listen to anything he had to say, she said he was quilty. She showed them a video of her questioning the granddaughter (age 8 or 9) and when she couldn't remember things the investigator said "let me help you" (in the video). It's so complicated and not sure how to get it all on here. But the girl was examined on Jan 9th and they found white substance like semen. But they never checked him for DNA, He hadn't been around the kids since Dec 25. Then in April she showed up to search the house, there wasn't nothing found as far as any evidence of abuse or porno not even a dirty magazine but she showed up later when he got home from work and arrested him on what ever evidence she said she had. They still don't know what the evidence was.

    Was his rights violated when she called him in and had him quilty and convicted with out ever talking to him first. She said he didn't have to talk to her but he didn't have anything to hide so wanted to get it cleared up. When he found out it was on him he went into shock and had a light heart attack after he left her office. At no time during the questioning did she read him his rights or when he was arrested.
    Now the lawyer thinks his rights were violated when she told him he was guilty and going to prison. Could that be true and don't they have to read them their Miranda rights, the police there said no they didn't have to. She also kept turning the tape off an on during the questioning when she had something to say she didn't want recorded. My nephew's father-n-law is a retired police officer said thats what they call a dirty cop.
  • Fri, Oct 12 2007 9:47 AM In reply to

    Feedback [*=*] re: Violation of Miranda Rights

    “Was his rights violated when she called him in and had him quilty and convicted with out ever talking to him first.”

    No. A cop can say during questioning that she thinks the person is guilty and will go to prison. That is not a violation of any rights of the defendant.

    “and don't they have to read them their Miranda rights, the police there said no they didn't have to.”

    The police only have to advise a defendant of his Miranda rights if he is in custody (e.g. under arrest) and being questioned by the police. If he was at the police station voluntarily to answer questions and was free to leave any time (i.e. not in custody) then the officer did not have to give the Miranda warning.

    You are getting all this second hand, and don’t have all the information about what is going on. As a result, it will be impossible for you to know what the real deal is at this stage. He needs to stop talking about this to anyone other than his attorney. What he tells other people can result in them being called to testify against him about what he told them. He needs an attorney asap and needs to discuss his case only with that attorney.
  • Fri, Oct 12 2007 10:01 AM In reply to

    Ok [+0+] re: Violation of Miranda Rights

    thank you for your help. it is appreciated.
  • Fri, Oct 12 2007 1:19 PM In reply to

    Feedback [*=*] re: Violation of Miranda Rights

    >>>>Now the lawyer thinks his rights were violated when she told him he was guilty and going to prison. Could that be true and don't they have to read them their Miranda rights, the police there said no they didn't have to.

    Taxagent's answer is not incorrect, however I think he refers to the general rules regarding the reading of Miranda rights and this applies in probably 95% of the cases. However, here, these facts might fall into the other 5%.

    There is a different standard for custody under the 5th Amenmdent than there is under the 4th Amendment. For example, if a person is under arrest, he is in custody under both Amendments. However, even if he is not under arrest, he might still be in custody for purposes of Miranda under the 5th Amendment. That standard is merely whether a reasonable person would believe that he was free to go. Note that it is a "reasonable person's beleif and not that of the suspect or the officer.

    If this were my case, I'd have the same concerns that his attorney appears to have. There might be a legitimate issue here.





  • Sat, Oct 13 2007 1:38 AM In reply to

    Note [#=#] re: Violation of Miranda Rights

    Thank you for your help, I'm just worried about him cause I know and everyone else knows he's innocent. He goes to pre trial on Monday.
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