Re: Court report (was Re: Alternatives to MFW)

In article <48247847$0$20161$4c368faf@xxxxxxxxxxxxxx>,
"Zen Cohen" <aturny@xxxxxxxxxxx> wrote:

"Omelet" <ompomelet@xxxxxxxxx> wrote in message
news:ompomelet-58ADB5.10091209052008@xxxxxxxxxxxxxxxxxxxx
In article <Pine.LNX.4.64.0805082357510.10697@xxxxxxxxxxxxxxx>,
Tom Anderson <twic@xxxxxxxxxxxxxxx> wrote:
Not everybody knows about that! Be careful what you say in the back of
a
police cruiser. You are being recorded and it's NOT illegal nor
inadmissible evidence if you are not informed of it.

For reals? She got a Miranda warning, right? Just no specific mention of
the recorder?

You no longer get Mirandized on arrest. Not until they start asking you
questions. It's an interesting practice and I'm dubious about it's
legality, but it's used as evidence all the time.

Miranda warnings are only required for custodial interrogation, so the
suspect has to both be in custody and interrogated.


You'd not be back there if you were not under arrest.


Courts have held that a handcuffed suspect placed in the back seat of a
cruiser is not necessarily in custody/under arrest. Go figger.

True. Sometimes they are just "detained".

I've learned a LOT in the CPA class. Detainment seems to cover a broad
base. You are detained, for instance, at a traffic stop.

A more serious case, I could be detained in handcuffs in my own home if
I shot a home invader until the cops sorted out who was whom and what
was what.
--
Peace! Om

"Human nature seems to be to control other people
until they put their foot down." -- Stephan Rothstein
.

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