What if cops handcuffed you, took you to jail and never read you your rights, but now...

  • Thread starter Thread starter cherbear
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cherbear

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...the state is charging u? My boyfriend was supposedly arrested, handcuffed, put in a patrol car and brought to the station. There they questioned him without his rights being read to him and also was made to sign a statement of his own words and then was allowed to leave. He was never booked, fingerprinted, or put into a cell. Now the state is picking up charges because of something he put in the statement that incriminated himself. Is the statement admissible in court?
 
Miranda rights are required any time both of the following exist:
1. You are in police custody and not free to leave, and
2. You are being questioned about the crime you are custody for.

If he was in custody, and was not advised of his rights, the statement will not be allowed in court.
 
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