Legal Question in Criminal Law in Montana

Miranda Rights

If they dont read you your Miranda rights and arest you can you supress the evidance found?


Asked on 11/10/06, 6:08 pm

1 Answer from Attorneys

Mark Sullivan Mark R. Sullivan - Attorney at Law

Re: Miranda Rights

It depends. Don't you hate lawyer answers like that? Any statements given to the police, and that is evidence, that were given in response to questioning, could be suppressed when the Miranda warnings were not given. Physical evidence, if otherwise lawfully obtained, won't be suppressed simply because the Miranda warnings weren't given. It will take more than that, for example, but for statments given to the police in response to questions without the Miranda warnings, the police would not have discovered the physical evidence, that evidence might be suppressed. Good luck and as always, talk to your lawyer about this.

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Answered on 11/17/06, 5:01 pm


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