Jail is not custody

Discussion in 'Law and Justice System' started by Quantum Windbag, Feb 24, 2012.

  1. Quantum Windbag
    Offline

    Quantum Windbag Gold Member

    Joined:
    May 9, 2010
    Messages:
    58,308
    Thanks Received:
    5,014
    Trophy Points:
    245
    Ratings:
    +5,221
    There are times that my brain just cannot follow the logic that judges apply to their decisions.


    Supreme Court says prison inmates don’t have to be read rights in different investigations - The Washington Post
     
  2. Katzndogz
    Offline

    Katzndogz Diamond Member

    Joined:
    Sep 27, 2011
    Messages:
    65,659
    Thanks Received:
    7,418
    Trophy Points:
    1,830
    Ratings:
    +8,337
    The prisoner was in custody for an offense. He was not in custody for another unrelated offense. He wasn't charged with the other offense.
     
  3. whitehall
    Online

    whitehall Gold Member

    Joined:
    Dec 28, 2010
    Messages:
    27,859
    Thanks Received:
    4,347
    Trophy Points:
    290
    Location:
    Western Va.
    Ratings:
    +10,835
    Personally I don't think it's logical to force a Police Officer to tell a suspect not to talk before asking him to talk.
     
  4. Unknown_Soldier
    Offline

    Unknown_Soldier BANNED

    Joined:
    Feb 14, 2012
    Messages:
    1,747
    Thanks Received:
    171
    Trophy Points:
    0
    Ratings:
    +171
    His Honor's opinion is solid. He doesn't say that being in jail isn't being in custody, it obviously is. He merely says that for the purposes of Miranda it is not custody.

    By the way , when you are pulled over for a traffic violation, you are in "custody" but the cop who pulls you over is under no obligation to Mirandize you before questioning unless he actually arrests you. I think that's the basis for which the Court made this ruling.
     
  5. percysunshine
    Offline

    percysunshine Gold Member

    Joined:
    Feb 5, 2011
    Messages:
    16,756
    Thanks Received:
    2,263
    Trophy Points:
    280
    Location:
    Sty
    Ratings:
    +5,901
    ‘You are free to terminate this interrogation and return to your cell,’”

    Well heck, somebody was stupid.

    Where can I buy stupidity insurance? Might need it some day.
     

Share This Page