I miss Geroge.

It’s best to know your rights and not depend on law enforcement to explain them to you.

Also stupid to try to sue the guy for not reminding you to STFU

I never understood the law to begin with.

Nice

I may be short-sighted, but I never understood it, either.

You haven’t been read your rights, anyway. You’ve been mildly informed of a few of your rights.

Unless I'm missing something, that article is a hack job. Miranda is only required if a person is in custody (under arrest) and is being questioned. It is not required just because someone is being questioned about a crime.

You would know better than I would, but I thought the same thing.

The article is garbage, but when Miranda is required is a bit more nuanced. The person does not need to be formally under arrest. If they reasonably believe they are not free to leave, Miranda applies.

Regardless, this decision will have almost no real world impact. Statements made without Miranda are still not admissible in a criminal proceeding, which is really the relevant part.

Statements without Miranda are admitted every day in criminal proceedings. If it's not a custodial interrogation, Miranda is not required. The defendant can argue that they thought they were in custody if they want, but they don't always win that in suppression.

Can't argue with that. Just trying to make the point that "custodial" isn't always clear cut when the officer doesn't whip out the cuffs and say, "you're under arrest."

It's usually very clear on the side of the road or in the interview room. It's when lawyers get ahold of it when it becomes muddy.

I've seen me send a lot of criminals to prison, based largely on a voluntary statement that I acquired, without Miranda being provided. As long as they left without being arrested or weren't brought to my office without being asked to voluntarily go there, there was never an issue. Every one was successfully entered into evidence in either State District Court or Federal Court.

You gentlemen are both absolutely right, and it sounds like you had few issues because you understand the law. There are also defense attorneys with long lists of statements they got thrown out because less well educated officers crossed the line, or didn't know where it was.

Read part of the brief last night.

From what I could comprehend

Guy gives up info that is used in court against him
Judge still finds him innocent
He sues the cop for not reading him his Miranda rights

Basically what I took from brief was Miranda still stands in same capacity, it reaffirms voluntary info doesn’t require Miranda, and you cant sue LEO for not restating your Miranda rights

Disclaimer I’m not a lawyer but that’s way I read it it

The guy was found not guilty. Take the win and go fishing. He was looking for payback.

Here was the assertion by the defendant. He claimed he was coerced.

https://www.law.cornell.edu/supct/cert/21-499

He should've let the thing go when he was found not guilty. It's better to get out of the courts as soon as possible because going for the cop for the Miranda thing is not a great idea. I think most people in the USA know "Miranda" and are aware of their rights. Even if he was right, it's a stupid thing to do.
I love my lawyer because he always looks for the easiest way to solve the problem. I don't like spending too much time in court because there are more things to do. I'm glad I found the https://bsmlaw.com.au/wollongong-lawyers/ law firm because they're the best fit for me.

WTF are you doing to need a lawyer all the time?

75% of this dude's posts so far are sales pitches for out-of-town businesses...

* Lawyer - Australia - https://[THF]/forum/ubbthreads.php/topics/8641294/re-shut-up-and-get-a-lawyer#Post8641294 (looking at their site they don't even practice in the US, but they wave the Pride flag)
* Moving company - New Jersey - https://[THF]/forum/ubbthreads.php/topics/8621612/re-moving-two-gun-safes#Post8621612 (last time I moved I hired professional movers who almost killed themselves moving my safe, the biz he linked is not a safe moving company)
* Critter gitter - Tulsa - https://[THF]/forum/ubbthreads.php/topics/8239363/re-racoon-bait#Post8239363 (bumped a 2.5 year old thread, oh well)

Not a single link he has provided has been in Texas.

* URLs are intentionally broken to not link to the BS.

LOL, either bot or foreigner.

Not all statements...

If you don't know your rights, by now.....
Your too stupid to exercise'em anyway....
If you do, for some reason get arrested...
Never, ever, ever, ever talk to a cop.
Not even general conversation.. NOT ONE WORD !!!!!
STFU.... is the most important thing you can do...

Worst advice ever. I put a bunch of people in jail and filed cases on them, because they refused to speak with me and wouldn't provide me with a reasonable explanation for what took place. If they had just talked with me, they would have saved themselves several thousand dollars and everything that goes along with being arrested.

Bull... You can file a case, on a ham sandwich.
Bogus arrest.. You cannot legally arrest somebody, for exercising their 5th amendment rights..
And my advice, came straight from the judge. When I took my courses on criminal
justice in college...