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flyboy
17-Jun-2007, 01:28 PM
when you are arrested, are the police supposed to caution you first?:rolleyes:
darth los
17-Jun-2007, 02:53 PM
I'm not sure what you mean. Caution you about what? The dangers of smoking? If your refering to your miranda rights yes they have to read you those. They are essential in that after you are taken into custody. The prosecutor cannot use any statement, whether inculpatory or exculpatory, stemming from custodial interrogation of defendant unless it demonstrates the use of procedural safeguards effective to secure the privilege against self incrimination. While these rights are not explicitly enumerated in the constitution, The 5th amendments right to counsel and right against self incrimination are and that's why you need a lawyer and have the right not to be compeled to testify against yourself at a criminal trial.
jdog
17-Jun-2007, 04:06 PM
yes the police are suposed to give you a warning first to get your attention, but they dont always do this it depends on the situation.
darth los
17-Jun-2007, 04:48 PM
yes the police are suposed to give you a warning first to get your attention, but they dont always do this it depends on the situation.


It all depends on what he means by his question. If it's when he's arrested then what i said applies. If he meant when they're pursuing you, Like yelling police or freeze, then what you said applies. I gues it depends on the country your in as well. It might be different up in Canada.
MissJacksonCA
17-Jun-2007, 07:32 PM
Whaddaya mean like warning sir you're breaking the law? From my experience being arrested in Canada they do the miranda rights before they do anything else... its so cute they whip out their lil incex card that tells them what to say...

What happened t'ya man?
flyboy
17-Jun-2007, 08:13 PM
yeah the miranda rights.thats what i mean.;) thanx everyone.
darth los
17-Jun-2007, 10:14 PM
yeah the miranda rights.thats what i mean.;) thanx everyone.


If your in america then listen to what i said. Those are your rights. Alot of people think that it will get the case thrown out which is not true though. However, If not read to you it is a technicality that can get all of your statements while in police custody thrown out.