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If a person who is under arrest begins making statements without any questioning do you think that those statements would be inadmissible?
Wiki User
∙ 13y ago
If the person under arrest has been advised of their rights, any statements would be admissible. Police are usually pretty careful to advise of rights so it's always best to say nothing except that you want a lawyer.
Wiki User
∙ 13y ago
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What is the criteria for Custodial Interrogation?
In California is questioning by a police officer in your home and the restriction of movement by statements of "you may not smoke", "do not get up", "do not go outside", "you can not speak to them", custodial questioning or arrest?
Can the FBI arrest someone for questioning?
They can't just arrest you for questioning. What they can do is to invite you in for question.
Can a police officer give a lesser charge if suspect make a statement?
The officer can only make decisions on whether to arrest, cite, or not to arrest, referred to as officer discretion. The officer cannot (honestly) promise leniency of a charge because they do not have that authority. Charges are filed and issued by a prosecutor, not a police officer. Any statements given to a police officer based on a "promise of leniency" without the prosecutor's cooperation will be considered coerced and inadmissible.
What are the Types of arrest?
The two types of arrest are with or without a warrant.
What is a de facto arrest?
A de facto arrest occurs when a person is not officially arrested or detained by law enforcement, but the circumstances and actions taken by authorities make it clear that the individual is not free to leave. This can happen when a person is detained without being formally arrested, such as during a stop and frisk or when being held for questioning.
Can police question a minor about their possible involvement in a crime without a parent being present in Ohio?
Define "questioning." Are they being casually 'conversed with,' or undergoing interrogation in a "full custodial" arrest situation? Juveniles are protected by the same Constitutional rights as adults.
During an arrest and prior to questioning defendants are usually advised of their Constitutional rights as enumerated in the Supreme Court decision of?
Miranda v. Arizona
At what point in the criminal justice process must the defendant learn of their Miranda right?
Any time after arrest (or in custody by an LEO) and before questioning.
Do police need to notify you in writing for questioning?
No they just need reasonable suspicion and to arrest youAdded: No, it doesn't have to be in writing. They can make a verbal request of you. They can place you under arrest (if they have probable cause to do so) or they can have the proosecutor issue you a subpoena.
Can Miranda be iniated after being held in custody?
Yes. Miranda need only be read prior to actual questioning, not at the incident of arrest. Contrary to what is shown on television, most people are not read Miranda rights at the time of arrest.
Can the police arrest you if you go in for questioning Can they put out a warrant for you if you don't go in for questioning?
The police ask you in for questioning to find if you know anything about a crime. At this time you may or may not be a suspect, but, unless they have proof you were involved they cannot arrest you, but ask you to stay in the vicinity (town) for further questioning.Yes, if the case is serious enough they can put a warrant out and haul your butt in for questioning. A judge has to give a warrant.It is to the advantage of the person being asked to come into any police station to do so without causing problems. Cooperation is everything. If you have nothing to hide then you have nothing to fear.If you feel you will be implicated in the case in question then seek legal advice or be represented by a lawyer. Those are your rights (for now!)This article has some good tips about the cooperation vs. non-cooperation issue: http://www.lombardolawoffices.com/ask-a-mt-laurel-criminal-defense-attorney-do-you-have-to-go-in-if-the-police-ask-you-to-come-in-for-questioning/
Why cardiac arrest follows to respiratory arrest?
Without getting into it. The heart is just a muscle and muscles can't work without oxygen.
