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Posted: 9/14/2004 7:08:26 PM EST
any one have the ENTIRE version of rights ??
Link Posted: 9/14/2004 7:13:07 PM EST
I know when I was a LEO in WI, we actually used what was called "Miranda PLUS".

But, I've forgotten what the "plus" was. I never memorized it because we got pocket cards from our DA to read from.

If you have the ability or inclination, I would contact your local District Atty's office.
Link Posted: 9/14/2004 7:20:56 PM EST
I'm an LEO in WI< and I'm not sure what Miranda Plus is...What county did your DA give you those cards?
Link Posted: 9/14/2004 7:21:29 PM EST
Link Posted: 9/14/2004 7:27:52 PM EST
tried it, came up with 17,000,000 different versions...just tryin to get teh opinion of someone who knows their ass from their elbow...
Link Posted: 9/14/2004 7:31:34 PM EST
Link Posted: 9/14/2004 8:07:34 PM EST
lol...didnt mean any offense, just dont know what other forum to ask this question in
Link Posted: 9/14/2004 8:35:12 PM EST
Different jurisdictions have different wordings but most have the same meaning. This is the version that was battered into my head in TX and it has worked just fine here in ND.

You have the right to remain silent and not make any statement which may incriminate you.

Anything you say can and will be used against you at trial and other court proceedings.

You have the right to have an attorney present during any and all questioning to advise you.

If you cannot afford an attorney, one can be provided to you at no cost, prior to trial.

You have the right to stop any interview at any time.

Do you understand?

It's better to have a card that you can read from since some attnys ask you what the miranda rights are and may ask you to recite them in court. I've seen it done.
Link Posted: 9/14/2004 8:36:19 PM EST

Originally Posted By chwi548:
I'm an LEO in WI< and I'm not sure what Miranda Plus is...What county did your DA give you those cards?



Actually, I thought about it. We got them from one of the Waukesha County ADA's that did our Juvenille law class at WCTC.

Miranda Plus... hell, I wish I could remember wtf the "Plus" was.. it's something really obvious, but it's been like 8 years...
Link Posted: 9/14/2004 11:27:28 PM EST
Link Posted: 9/15/2004 3:04:50 AM EST
Our state has a mandated statement, and the prosecutor's office has a card they give us that they want us to use, which I always carry in my pocket. I always read Miranda directly off the card, and always note it that way in the report.
Link Posted: 9/15/2004 3:11:43 AM EST
Link Posted: 9/15/2004 7:51:52 AM EST
AK Kid - Every state is a little different in the wording, I know the ones I've seen from LA is different from TX. Ask your DA's office, if that does not work, email me with you departments address and I will send you one from Orange County, Texas. It should work for you.

ScubaTexas
Link Posted: 9/15/2004 11:29:35 AM EST
Haven't read Miranda to anyone in years. We have a Judge do it, esp in felony cases.
Link Posted: 9/15/2004 5:09:55 PM EST
Do you understand each of these rights as I have explained them to you?

With these rights in mind, do you wish to speak to me/us now?
Link Posted: 9/15/2004 5:18:14 PM EST

Originally Posted By Johninaustin:
Haven't read Miranda to anyone in years. We have a Judge do it, esp in felony cases.



How in the heck does that work. Does the judge come out to the scene and interview the perp for you too? Miranda is required for all in custody interviews. Do you just never question any one thats in custody (under arrest, handcuffed or in some way not free to go) or do you simply never arrest anyone. I am bit confused by your statement.
Pat
Link Posted: 9/15/2004 6:54:53 PM EST

Originally Posted By Glockfan:

Originally Posted By Johninaustin:
Haven't read Miranda to anyone in years. We have a Judge do it, esp in felony cases.



How in the heck does that work. Does the judge come out to the scene and interview the perp for you too? Miranda is required for all in custody interviews. Do you just never question any one thats in custody (under arrest, handcuffed or in some way not free to go) or do you simply never arrest anyone. I am bit confused by your statement.
Pat



Don't tell them they are under arrest, the detectives will do it when they go in to talk to them.
Link Posted: 9/16/2004 6:03:57 AM EST

Originally Posted By Glockfan:

Originally Posted By Johninaustin:
Haven't read Miranda to anyone in years. We have a Judge do it, esp in felony cases.



How in the heck does that work. Does the judge come out to the scene and interview the perp for you too? Miranda is required for all in custody interviews. Do you just never question any one thats in custody (under arrest, handcuffed or in some way not free to go) or do you simply never arrest anyone. I am bit confused by your statement.
Pat



We have 24 hr magistrates. In and out in 5 minutes. Simply postpone the interview until you get to the station. For DWI's they even ride in the BAT mobile. All interviews are taped as well.

Do you mean to tell me that you personally Miranda EVERY arrest? Even one's where you observe the crime?
Link Posted: 9/16/2004 6:16:38 AM EST
[Last Edit: 9/16/2004 6:17:59 AM EST by trippletap]
I hardly ever read Miranda to anyone.

When possible, I ask them the questions before taking them into custody,
Once in custody, I do not ask them anything other than name, date of birth, address, etc...
A lot of the time they will say "aren't you going to ask me anything?" to which I say "no, I don't give a shit." It usually drives them crazy and they start jabbering away about what happened and why they did what they did.
If I wan't to goad any more info from them I make a statement like "I think you are lying about....", or "well, that guy said you did ......." or "such a shame, that ...blah blah blah...." and they start running away at the mouth even more...... but I never ask a question about what happened.

I leave the Mirandizing up to the detectives.
Link Posted: 9/16/2004 7:12:05 AM EST
I will use Miranda if there is a good chance that they are going to incriminate themselves further and it would be helpful. Usually, the chatty ones will hang themselves up and I just let them chatter away, with NO questions from my end, and leave the in-car mic running the whole time. When you do it that way, it is not a custodial interrogation, just a string of (stupid) Res Gestae statements.

Come to think of it, I don't transport anymore, anyhow. The dispatched calls usually have an officer assigned (not me) who gets the arrest, and the arrests I find on my own get transported by officers. I have finally hit critical mass on mandatory, issued gear, and my back seat has started to fill up with equipment. Maybe I can let the nicer prisoners ride up front with me and do their own arrest reports on the MCT while we are en route to the jail...arrest and educate.
Link Posted: 9/16/2004 7:40:56 AM EST

Originally Posted By trippletap:
I hardly ever read Miranda to anyone.

When possible, I ask them the questions before taking them into custody,
Once in custody, I do not ask them anything other than name, date of birth, address, etc...
A lot of the time they will say "aren't you going to ask me anything?" to which I say "no, I don't give a shit." It usually drives them crazy and they start jabbering away about what happened and why they did what they did.
If I wan't to goad any more info from them I make a statement like "I think you are lying about....", or "well, that guy said you did ......." or "such a shame, that ...blah blah blah...." and they start running away at the mouth even more...... but I never ask a question about what happened.

I leave the Mirandizing up to the detectives.




Why go through all that trouble when you could just read them the card? Also I was told in the academy that doing what you just described as "wanting to goad more info" would not stand up in court if they knew you got them talking in a round about way.
Link Posted: 9/16/2004 7:57:20 AM EST

Originally Posted By EseLoco918:

Originally Posted By Glockfan:

Originally Posted By Johninaustin:
Haven't read Miranda to anyone in years. We have a Judge do it, esp in felony cases.



How in the heck does that work. Does the judge come out to the scene and interview the perp for you too? Miranda is required for all in custody interviews. Do you just never question any one thats in custody (under arrest, handcuffed or in some way not free to go) or do you simply never arrest anyone. I am bit confused by your statement.
Pat



Don't tell them they are under arrest, the detectives will do it when they go in to talk to them.



Lets see since I have seen this one work.... So, my client was in handcuffs and in your patrol car. Was he free to leave? Was he under arrest? At what point was he free and at what point was he under arrest? When did he make that statement, under arrest or before arrest? When was he Mirandized? I see lots of problems here. Have you actually been in a court room on a case on the stand? What is the 4th amendment? http://caselaw.lp.findlaw.com/data/constitution/amendment04/
Link Posted: 9/16/2004 10:24:44 AM EST
Because, they might decide to keep their mouth shut?

If you don't ask them anything in custody, then there is nothing to challenge, Mirand wise, in court.

At my academy (FWIW, a regional academy, with approx. 60 member agencies) we were taught to avoid mirandizing the suspects and leave it up to the detectives if possible.
Of course, they were refering to felonies such as murder, etc...
The detectives on my department prefer to do it this way.

As a matter of practice, I only automatically mirandize someone if I'm hooking them for DUI. For any other arrest I try to do all of my questioning prior to them being taken in custody.
If I can't do this, I try to not ask them any questions, knowing that they usually won't be able to help themseves from blabbing about it to me anyway.
Then, if that doesn't work out, I will read them Miranda and ask my questions.



Originally Posted By Maverick656:

Why go through all that trouble when you could just read them the card? Also I was told in the academy that doing what you just described as "wanting to goad more info" would not stand up in court if they knew you got them talking in a round about way.

Link Posted: 9/16/2004 10:45:29 AM EST
In the field, I hardley ever read Miranda to folks I have arrested as well. Bottom line, when I arrest someone, I already have my PC and could really give a crap what some thug has to say... all they do is lie like shit anyway. DUI's are one time I always read Miranda right after telling them they are under arrest.

Many agencies like for road officers to simply wait for the Dective to respond, in serious cases, before any attempt is made to question offenders. Mainly because, as we all know, once the suspect invokes his rights, the "game" is over, at least for a while.

Remember, Miranda is only required when a person is in CUSTODY and they are being subject to QUESTIONS OR ACTIONS which are likely to illicit an incriminating response. If you have nothing to say to the arresed person, Miranda is not required. It gets no more complicated than that. Also, don't forget, Miranda has two parts, both equally as important, the "Rights Portion" and then there is the "Understanding/Waiver Portion". Proper Miranda warnings must include both.

I have never seen or heard of an "original" Miranda warning. As many have posted, there are quite a few varieties of Miranda out there, but all must contain some basic points:

RIGHTS:

The right to remain Silent.
If you speak, what you say can/will be used against you in court.
You have a right to a lawyer, if you can't afford one, the State will appoint you one.
If you give up your right to remain silent, you still have the right to stop talking at any point.

WAIVER:

Do you understand your rights as I have explained them to you?
With these rights in mind, do you wish to talk to me/us now?

It always tickles me when after arresting someone, I hear the arrested person make a comment something to the effect "you screwed up man...you aint read me my rights" or "hey man, I want to know my rights, you aint told me my rights."
Link Posted: 9/16/2004 12:08:04 PM EST
Heh, I love it when they keep whining, "I know my rights, I know my rights,!"
I say, "great, use that first one....you know, keep silent?"

They will blab even more after this.
Link Posted: 9/16/2004 2:29:19 PM EST

Originally Posted By Johninaustin:

Originally Posted By Glockfan:

Originally Posted By Johninaustin:
Haven't read Miranda to anyone in years. We have a Judge do it, esp in felony cases.



How in the heck does that work. Does the judge come out to the scene and interview the perp for you too? Miranda is required for all in custody interviews. Do you just never question any one thats in custody (under arrest, handcuffed or in some way not free to go) or do you simply never arrest anyone. I am bit confused by your statement.
Pat



We have 24 hr magistrates. In and out in 5 minutes. Simply postpone the interview until you get to the station. For DWI's they even ride in the BAT mobile. All interviews are taped as well.

Do you mean to tell me that you personally Miranda EVERY arrest? Even one's where you observe the crime?



Yes even if you saw it with your own eyes an interview only builds your case. And if their in custody they have tobe given miranda prior to an interview. I have never heard of your system. We have on call judges and magistrates but their used for search warrant applliacations. I have never heard of a judge or magistrate giving miranda for a cop. Learn something new everyday.
Pat
Link Posted: 9/16/2004 2:34:16 PM EST
Bowhntr6pt
Your right. The test is simple for miranda. Two things need to be present. They have to be in custody where they are not free to go or they do not feel they are free to go. And you have to be asking them questions. If their not in custody you can ask all the questions you want. If their in custody and you ask them nothing you don't have to give them miranda.
Pat
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