PLEASE WATCH #HABERPA'S VIDEOFAQ # 392) When do the Police need to read Miranda Warnings? @ https://youtu.be/s4Rlb1SKfz0
This Blog Post is a PSA (i.e. a "Public Service Announcement" that's designed to provide the folks with important information) but it also both marks the rollout of this latest batch of #HaberPA's VideoFAQs and highlights # 392) "When do the Police need to read Miranda Warnings?" and finally it's a shameless plug for #MichaelHaberLaw (#HaberPA's YouTube channel). Disclosures complete let's get to it:
- The PSA: #HaberPA's VideoFAQ # 392 explains when the police need to read you Miranda Warnings are and goes like this:
"Thanks for asking me “When do the Police need to read Miranda Warnings?”
The purpose of Miranda Warnings is to advise of, and to thereby protect, each and every arrested persons’ 5th Amendment constitutional right against “compelled self-incrimination” and to let them know that they have a 6th Amendment right to counsel before the police can lawfully engage in “custodial interrogation” of a detained suspect. The key words here are “custodial” and “interrogation”, and in order for Miranda to apply both need to simultaneously coexist .
So, if you’re NOT in custody - if you’re NOT being detained - if you’re free to walk away from Officer Friendly without consequence - then they can ask you all the questions that they want without reading you Miranda and if you choose to answer well then that’s on you. Why? If you’re not in custody and you’re free to leave then it’s up to you - and only you - to tell Officer Friendly to pound sand, and if you’re not in custody then you can do so without consequence.
However, if you ARE in custody - if you are detained - if you are NOT free to walk away from Officer Unfriendly - then you only need to be read Miranda if AT THAT TIME - while you’re in custody - they want to question you and if they don’t question you then even though you’re in custody they don’t have read you Miranda. So, Miranda must be read only where you’re BOTH in custody - again, meaning that a police officer will not let you leave and if you try then you will be stopped and prevented from doing so - and at the same time a cop questions you about a crime.
Let’s take an example: If a police officer walks up to you while you’re standing in line outside of a club - or at an airport or at a crime scene or basically anywhere - and says “Do you mind if I ask you a few questions?” Miranda is not necessary. Why? Because you’re free to walk away. However, should the officer either physically or with words restrict your ability to leave, then you ARE in custody and before questioning you Miranda is required.
That said please note that even when you’re in custody certain questions do NOT require Miranda. For instance, asking you name, DOB or SSN doesn’t trigger Miranda, as that’s not an interrogation."
- The roll-out: Over the course of Memorial Day weekend we published #HaberPA VideoFAQs # 376 - 401, 5 of which deal with The Fourth Amendment per se, another 5 of which deal directly with the subject of warrants, 4 of which deal with searches and Motions to Suppress, 3 of which deal with Miranda Rights, 1 on "Spoliation of Evidence", 1 on "Chain of Custody" and 6 that deal with Arrests (more specifically 2 of which are generic, 2 concerning "Contempt of Cop" and 2 on "Gratuitous Charges").
Again, today we are highlighting # 392) "When do the Police need to read Miranda Warnings?", which you can watch at the following URL: https://youtu.be/s4Rlb1SKfz0
- The shameless plug: #HaberPA's VideoFAQ catalogue is now up to 401 Criminal Defense, Criminal Law, Criminal Procedure, DUI, BUI, Domestic Violence, Evidence, Crime Victim Rights and Seal & Expunge "Webisodes" and we are currently scripting 24 new ones concerning such topics as: The 6th Amendment, Public Defenders vs. Private Criminal Defense Counsel, lawyer ethics (insert snarky oxymoron joke here...) and client's rights as are imposed upon all lawyers in The Sunshine State via the Rules Regulating the Florida Bar and updated firearm / gun laws in Florida's new Constitutional Carry era.
If you've not yet done so then I hope that you'll please SUBSCRIBE to #HaberPA's YouTube Channel #MichaelHaberLaw by visiting the following link: www.youtube.com/c/michaelhaberlaw
As of today we have 2,495 subscribers who've contributed to our 698,585 views, but your kind subscription will get us closer to reaching our immediate goal of 3,000 subscribers and 1,000,000 views!
Each #HaberPA VideoFAQ focuses on a specific question, most are 1 - 2 minutes long, but several in this latest batch are closer to the 3 minute mark (another relevant aside alert: "Necessity" is what we call an "affirmative defense", or a defense which negates the "intent" or Mens Rea" element of an otherwise criminal act as the actor's illegal conduct only occurred under threat, usually threat of harm), and while we may not always be successful in our endeavor we do consistently strive to make each VideoFAQ short, pointed, creative, entertaining and, most importantly, informative.
While I admittedly conjure a healthy percentage of the "questions" that form our VideoFAQs a substantial portion of them are in fact inspired by real world questions from others (e.g. clients, potential clients, random folks on social media / the internet, friends, family, colleagues, etcetera). Should you have a legal questions that you'd like #HaberPA to address then you're welcome - encouraged even - to SUBMIT it / them to me, be it by email (Sharky910@aol.com), calling or texting my cell phone (305-798-2220), messaging me on X /Twitter (@Sharky910), MeWe (also @Sharky910), on YouTube (via MichaelHaberLaw) or by PM'ing me right here on FB and, assuming that your proposed topic is both appropriate and fits within our wheelhouse then we'll be happy to provide you with a custom tailored video answer to your relevant question.
With all that said I hope that you enjoy # 392, that if you've not yet done so then that you become a #MichaelHaberLaw subscriber and in any event that you know that no attorney-client relationship with either #HaberPA or Michael A. Haber, Esq. exists as a result of watching any of our VideoFAQs. Any and all information which is both contained in and may be construed from our VideoFAQ is meant to be generic in nature, should only be considered as academic and is not intended to be construed as legal advise to any specific individual for any specific case. Should you wish to seek actual legal advise then please feel free to contact #HaberPA directly.
Should you, a friend, a loved one or even someone that you {don't particularly like but happen to} know be in a jam with the criminal justice system then you can rest assured that either retaining or recommending #HaberPA will not only reflect well on you but will provide the client with unwavering, relentless and honest advocacy.
Established in 1991 and with no history whatsoever of any form of professional discipline, #HaberPA is readily available to have open, honest dialogue with potential clients and to quote and honor reasonable fees after identifying a realistic litigation objective. We're proud of our unblemished and time proven record of both having our client's "6:00", 24-7-365, 360° and of providing boutique, creative, effective, unwavering and zealous #CriminalDefense, #CriminalLaw, #CriminalProcedure, #ConstitutionalLaw, #Evidence, #DUI, #BUI, #DomesticViolence, #Probation, #Crime #VictimRights and #Seal & #Expunge representation to it's clientele, primarily in South Florida, on matters ranging from DUI to #DrugTrafficking and from #Misdemeanors to #Murder.
At #HaberPA "it's all about #ReasonableDoubt"!
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