Legal Question in Criminal Law in Missouri

miranda warning

is it proper to use any statement made by a suspect in a non-custodial setting,even if the person being questioned was not advised of his rights and thought that he was engaged in a breif conversation,before the actual questioning.?


Asked on 1/15/02, 6:11 pm

1 Answer from Attorneys
Mark Sullivan Mark R. Sullivan - Attorney at Law

Re: miranda warning

The short answer is yes. The reason is that Miranda warnings are not required in Montana unless two things are both happening simultaneously. Those two things are: first the individual must be in custody and second the police officer or other representative of the state must intend to question the person. Then, after the Miranda warning is given, the person must affirmatively agree to continue or if he or she declines or asks for an attorney, all questioning must cease. Obviously there are fact situations that don't easily fit into this type of analysis, but that is the general rule. Good Luck.

Read more
Answered on 1/16/02, 10:54 am


Related Questions & Answers

More Criminal Law questions and answers in Missouri