The purpose of the Miranda Warning is only to protect a suspect from making incriminating statements during questioning. All police need to legally arrest a person is probable cause-a reasonable belief that an individual committed a crime. Police are required to read the Miranda Warning only before interrogating a suspect. An individual can be arrested without being read the Miranda Warning.
*LW
"The erroneous admission of a coerced confession at trial can be ruled a harmless error that would not automatically result in overturning a conviction." - An example of this would be police confusing the suspect and the suspect confessing to a crime under the confusion.
"A suspect can be questioned in the field without a Miranda warning if the information the police seek is needed to protect public safety." - An example of this would be police questioning a suspected drug dealer where he hid his drugs that is near an elementary school.
"An attorney's request to see the defendant does not affect the validity of the defendant's waiver of the right to counsel. Police misinformation to an attorney does not affect waiver of Miranda rights" - A suspect's statements made before an attorney is present can be used again him/her. A suspect's family or friends cannot request and attorney for the suspect, only the suspect can request and attorney.
*JW *VP
Tuesday, October 20, 2009
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