![]() ![]() This means that even if the cop is just collecting information before taking you into custody, if you admit guilt in the first few minutes of talking with him, that is evidence he can use. Like that phrase you’ve heard so much on television, whatever you say to a police officer can and will be used against you. Everything you say before you are advised of your Miranda rights is fair game, just as much as anything after. Anything you say before police read you your Miranda rights cannot be used against you. He was just casually trying to get probable cause. Why didn’t he tell you that you had the right to remain silent? Wouldn’t you have remained silent if he had reminded you? Maybe, but he had no obligation to because he had not taken you into custody just yet. They approach your vehicle and say, “Have you been drinking?” You say, “Yeah, I had nine martinis.” Oops. SCENARIO: You are pulled over by the police. Beyond that, you are not obligated to talk. If they ask you for your I.D., you have to give it to them. If you are talking to the police without being in custody, this is considered a consensual encounter, meaning you are agreeing of your own free will to talk to them. When you are not in custody, cops can ask you any questions they want. Cops have to read your Miranda Rights in order to ask you any questions. Here are 5 myths about Miranda rights, debunked. You may even have watched a TV court case fall apart when the clever attorney (the one in the red suit) finds out that her defendant was not “Mirandized.” Well, we hate to break it to you, but in real life court cases, Miranda warnings are a little more complicated. If you have not heard these words in real life, you have likely heard them on television. Anything you say can and will be used against you….These are the opening phrases of the infamous Miranda warning.
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