Anonymous
Anonymous asked in Politics & GovernmentLaw Enforcement & Police · 1 month ago

If the police don't read a suspect their miranda rights, does that really help the suspect in reality?

I do understand that if you are not read your rights ahead of questioning, then anything you say during questioning should not be admissible in court.

In reality though, you can SAY that you were never read your rights til you are blue in the face.

The officer will simply say: "Yes I did read him his rights." 

And guess who the judge will believe: The defendant or the arresting officer?

Update:

Anonymous: Hearsay is when you testify to something you heard second hand. 

If the officer is testifying that he personally read the suspect their rights, then thats not hearsay, that's first hand.

3 Answers

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  • Anonymous
    1 month ago

    Miranda Rights are printed out and READ to the person, not recited, the same process each and every time.  Would a Judge believe that this one time an Officer acted outside the policy?  I doubt it.  The suspect's admission leads to other information which is used at trial.  This information is not protected.  In MY State Miranda Warnings are recorded by the body cam.

  • Bruce
    Lv 7
    1 month ago

    Every department I'm familiar with records the interview. And we have the Miranda warning printed on the top of the statement page. The page is initialed and signed. I've never heard of MIranda being read at the scene, because the officer could simply question the person before the arrest so Miranda would not be required. 

    Does it really help? The person they name the warning after, Ernesto Miranda, was still found guilty even after his statement was thrown out because he wasn't read his rights. And it got worse.... after he was released, he was stabbed in a bar fight. The suspect was captured, read his rights, and refused to talk. The case was never solved. 

  • Anonymous
    1 month ago

    In the real world, they have to get your signature or it's hearsay, though that is changing with bodycams where police officers' bodycams record them reading a person their rights or not. 

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