My husband has been picked up and interrogated by the police in several occasions and arrested once, ALL while not being read his miranda rights. Is this legal in the state of Kansas.
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Read More Answered By: Jay Ramey |
You say he was "picked up" but then you say he was only arrested once. I do not know what "picked up" means if you are saying he was only arrested once. The Miranda warning only needs to be read to a suspect when he is "in custody." For all practical purposes that means under arrest. In every state in the union, it is illegal to question someone that is in custody without first giving the Miranda warning. The remedy is that any statement made by the defendant who is in custody and was not given the Miranda warning is to have the statement suppressed. |
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