Legal Question in Constitutional Law in Tennessee

miranda rights

when someone is arrested is there anything they can do if the law enforcement did not read you you rights. If they take you into custody with out saying anything to you. w\b


Asked on 3/03/04, 4:26 pm

2 Answers from Attorneys

Edward Hoffman Law Offices of Edward A. Hoffman

Re: miranda rights

Mr. Aspinwall's answer is correct as far as it goes, but I want to add another point. Even if the police do question you in violation of Miranda, the only consequence is that they cannot use your answers (or any evidence they obtain as a result of your answers) against you in court. The violation does not invalidate your arrest, and if there is enough other evidence of your guilt you can still be tried and convicted.

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Answered on 3/04/04, 1:54 pm

Charles Aspinwall Charles S. Aspinwall, J.D., LLC

Re: miranda rights

Law enforcement is not required to advise you of your Constitutional Rights [Miranda warnings] unless they intend to question you. If they ask you nothing and say nothing, then no advice is required. Only if you are in custodial [under arrest] interrogation does the law mandate that the interrogator advise you of your Miranda rights.

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Answered on 3/03/04, 5:39 pm

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