Jail is not custody

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

  1. Quantum Windbag
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    Quantum Windbag Gold Member

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    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
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    Katzndogz Diamond Member

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    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
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    whitehall Platinum Member

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    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
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    Unknown_Soldier BANNED

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    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
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    percysunshine Gold Member

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    ‘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.
     

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