LogFAQs > #966067290

Tyranthraxus posted...

This is absolutely not accurate. I believe this is only applicable after you've been charged.

Miranda kicks in when a subject is:

1. In custody
2. Asked guilt-seeking questions.

For example, the police ask you to come to the station to talk about Subject A. You agree. You sit opposite a detective in the room, with the door open, and he informs you that you are NOT under arrest and that you are free to leave at any time.

Any reasonable person would believe this to be true, so Miranda is not necessary.

However, you are TOLD to come to the station, the door is shut, the detective has a forceful and accusatory manner about Subject A or Crime A.

Miranda will apply here. A reasonable person would not feel free to leave and he is asking you guilt seeking questions.

You can read up on the affirming cases, and all of the cases wherein the minutiae have been hammered out.

The ruling didnt change the need for Miranda. It did remove the ability to sue the officer under a civil rights violation if he did not read Miranda when he should have.