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CRUISING for SEX - View Single Post - fighting lewd conduct charge
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  #10  
Old 6th June 2005, 12:05 PM
SamAdams
Cruiser
 
Join Date: Apr 2001
Posts: 29

Flip, you weren't Mirandized (nor was it required) because at that time, you weren't in custody. You may have felt that way, but if you were just stopped and asked why you were in the area (maybe they had a complaint of a prowler in the area), Miranda wasn't required at that time. ONLY WHEN IT IS A CUSTODIAL INQUIRY AND ONLY WHEN QUESTIONED ABOUT THE ALLEGED CRIMINAL ACTIVITY. If, based on your answers, they decided to charge you, only then are they required to Mirandize you and ONLY before questioning you about the crime, not things like name, dob, ssn, address, ect.

Guys, don't get hung up on this Miranda thing. TV has made eveyone a legal expert, or so they think. Miranda does not have to be given in every arrest situation. It is very specific (and the Supreme Court is always tinkering with it). It might not be done till hours or days later (or never), when a detective starts questioning you.

If you need advise, see a lawyer. Don't seek it on the internet. Because if you leave out just one minor detail, it could change the whole complexion of your case.
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