Miranda Warning: They Didn't Read Me My Rights!
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- Опубліковано 7 лип 2024
- What happens if the police don't read you your rights? When do the police have to read you your rights? Criminal Defense attorney Ryan Pacyga explains what the Miranda warning is and answers these questions.
You have the RIGHT to be silent in every moment of your life. Remember that. You don't need the police to read you your rights to use them.
The Supreme Court was considering removing the Miranda Rights because everyone knows them.
That tie is huge
If you are questioned and/or detained by law enforcement the best advice is to remain silent! Two major things to remember in a police encounter are one ask the question am I being detained or am I free to go? If you are being detained for any questioning and you are not free to go, REMAIN SILENT and REQUEST AN ATTORNEY IMMEDIATELY! Politely refuse to answer any questions without the presence of an attorney. Also, if you are asked to consent to a search, refuse and say that you do not consent to searches. Document all interactions immediately as possible and tell the attorney all of the details of the encounter! I hope this helps! :)
but I thought cops can search you if they have the reason to? if you are in custody you can still request not to be searched? any help would be appreciated, I have a pc832 exam coming soon! thanks
For a better and more clear understanding of the issue research the following terms: reasonable suspicion and probable cause. Also look up the "Terry Stop" from Terry v Ohio as this was the Supreme Court's landmark decision that is the foundation from where this started. In a nutshell, you have a right to ask if you are being detained and if so what is the reason. If the police do not have a "reasonable suspicion" to detain you they are not legally able to do so and unless probable cause is present a search of you or your property is not lawful either. The police must have reasonable suspicion to detain and probable cause to search PERIOD! They will often threaten with arrest and attempt to intimidate you but legally this is the requirements. If you are EVER being detained for ANY reason and NOT free to leave, REMAIN SILENT! Request an attorney and make it clear that you do not desire to answer questions without an attorney. Nothing you say will help you so remain silent. I hope this helps you and good luck with the test! :)
Greg Ewers it's hard to remember these details as officers do intimidate and not to mention play good cop and bad cop. I told the truth one time and they put me in handcuffs. They treated me as some sort of evil criminal. Those scumbags threw me in jail and never read me my miranda rights. Also, these people didnt give me "jail" clothes to wear in jail. Sigh....It seems like I should've lied and said nothing but now I know the justice system isnt really about justice, its about profit.
How would you refuse questioning *politely*？
You have to be interrogated first to be read your Miranda right
I saw many interrogation footages that the cops simply lied to the suspect that they just want an interview instead of an interrogation.
That's unconstitutional and their are many cases with lawyers fabricating info and claiming the police officer was not working for the prosecutor. Intent to question is an interrogation 🔥 your attorney. Get a new one and sue the first attorney for being stupid and unfit. An attorney found giving stupid advice can be disbarred. Or he is actually working for the prosecutor not you.
Which us Malice and if not provable is fraud in a business transaction which is a 💼, the first is an action, but the rosecutor will not go after an attorney unless it is politically good for his career. 50 yr old police officer experience dealing with Nobel titled, esuires, Barringer s etc
Ryan--thanks a billion! Priceless info!
Thank you. I appreciate you informing.
This information was so awesome, I am going threw something and might be in need of calling you, thank you so much for taking the time to make this video's to help the public. Thank you. Tripple thumbs up.
Stevina Garcia Garvia thank you. I enjoy explaining criminal law to people.
Thank you so much for this video. Very informative
@wukillalogic no, it just means that you have to expressly ask for a lawyer, or if you don't, that they can continue trying to question you. You NEVER have to talk to the police, whether or not they give you the Miranda warning. You always have the right to remain silent, even if you do not request a lawyer.
Great explanation about the Miranda Warning. This is indeed something that many citizens do not understand, and as you said it's partly to do with how the media portrays it.
Miranda is not a constitutional decree but the 4th 5th and 6th Amendment are, Miranda gives dumb people a proper way to not violate the above till they can be trained not to break the law. Theirs this vido3, cop ask woman how just got pulled over, why do you think I'm standing here outside your car, she says because you got c's in High School. Woman can be so honest that it hurts 👉 to the soul. 🔥 baby 🔥. That's serious funny humor
thank you so much!
Great explanation, thank you
i would only like to add that cops will use " the buddy tactic " or what seems like humor, joking or casual conversation to get you to reveal information prior to miranda. this is all admissible against you. they are not your friends. they are gathering evidence to be used to impose a fine or penalty. politely decline to speak to cops. don't allow them to eavesdrop. people want to vent in emotionally charged situations. that condition is frequently used against the innocent. keep your mouth shut and hire a pro to do the talking who is not emotionally involved in the condition.
i like your teaching. i would hire you if i needed a lawyer.......and i lived in mn.
Good advice, on both counts: [1] declining to speak to the police, and [2] hiring a lawyer.
Yes, lawyers cost money, but what is your freedom worth? It could quite literally mean the difference between freedom and years in prison. At the very least, the lawyer keeps the interrogators at bay -- they can't talk to you as long as you are represented by counsel. That eliminates -- or at least substantially reduces -- the inherently coercive effect that the police have on a person. Having a lawyer acts as a buffer between you and the police and undercuts their ability to get you to say something that could be twisted around against you in ways that you can't possibly predict. _The police vs. the accused_ is a fundamentally lopsided, David-and-Goliath situation. The cops have all the power and you have none. Having a lawyer helps level the playing field a little bit. Not nearly enough, of course, but every bit helps.
P.S. -- The excellent 2019 film _Richard Jewell_ illustrates the importance of having a lawyer representing you when the cops are breathing down your neck. It's a must-see.
Everyone always puts an emphasis on “ being polite “ that’s not necessary and the respect that they demand is usually not warranted.
You can say “ just stop talking to me, speak to my lawyer”
Was asked my favorite bands musicians and then told I had some pretty cool shoes there man; how much for them? As if they wanted to buy a pair of youth 7 Nikes off me. Strange ass shit. Left with “don’t block me on Facebook now okay?” Tauntingly
I might have to move across the country so I can hire you. Your videos so helpful. Working on my own appellate brief and your language is beautiful. I hope you don't mind if I quote you.
This is a great video.
Thanks for making this video
very informative!
The FBI refused to read me my Miranda Rights and I was handcuffed and hauled off to jail because I told them that I would not talk to them without an attorney present. The FBI retaliated against me by accusing me of a crime that I did not commit. Due to the FBI's accusations I cannot get a job because I cannot pass the background check. Please help.
I've been arrested probably 7-8 times. I've only been read my rights in half.
They usually don't. The cops only have to read you your rights when you're in custody and they're interrogating you. That's it.
Great Info
Glad it was helpful!
If I'm involved in a car accident, and it's the other guy's fault, should I talk to the police at the accident site, or remain silent until I speak with a lawyer?
Im in Washington state and I was arrested almost one year ago....I wasnt read my rights....would it be too late to "press charges". Or at least write a report on those officers. Sigh. Its frustrating because the justice system is corrupt and people with small offenses get treated like animals.
The Explorer you can always report it or make a complaint to the police department. If you think your civil rights were violated you should consult a civil rights lawyer in your area. But generally the remedy for not reading your rights is simply suppression of your statement.
The short version is to keep your mouth shut.
They came to my house in the early morning while I was hung over and they made me say bs and agree with them cuz I wasn’t really in the right state of mind and also never got told my rights , u think I can get it thrown out ?
The 5th amendment of the united states constitution always apply 24/7
If the police place you in cuffs at the scene of a crime, and questions you while your sitting in the back of the car, does that trigger miranda, i used to see it a lot watching cops.
@Captain Germany : Well, wait a minute. If a suspect is in cuffs and in the back of a police car, that is a sufficient restraint on the person's freedom to trigger the Miranda warnings if they are going to question him. Merely asking one's name doesn't implicate _Miranda,_ but anything else would.
@wukillalogic the new changes are very frustrating. I think Justice Sotomayor got it right when, in her dissent in the Thompkins case, she said that making a suspect actually speak to say they want to remain silent "turns Miranda upside down." These new changes no longer stop police from continuing to ask questions unless a suspect expressly says they want a lawyer or expressly says they want to remain silent. The Thompkins decision deviates from precedent.
@ Ryan: All true, but the subsequent case of _Salinas v. Texas_ is much worse. In Berghuis, the defendant foolishly answered some of the cop's questions and incriminated himself. In _Salinas,_ the defendant wisely kept his mouth shut -- and the Supreme Court ruled that even his *_silence_* could be used against him! WTF???
Almost 10 years ago ~ I wonder how much things may have changed in all these regards?
@@jamesb.9155 : As noted in my comment above, things have gotten worse. In 2013 (seven years ago as of this writing), the conservative majority on the U.S. Supreme Court ruled that a suspect's *_silence_* can be used against him in court unless he speaks up and specifically invokes the 5th Amendment right against self-incrimination. _Salinas v. Texas,_ 570 U.S. 178 (2013)
Since then, Donald Trump has appointed two new conservative "justices" to the Supreme Court. It won't be long before we have no constitutional rights left.
james b the issue of what constitutes a Miranda violation or a 5th or 6th amendment violation is still heavily litigated. It is fair to say, however, that Miranda protections have been whittled away to a degree.
@@RyanPacyga Thank you. So many don't understand or observe their right to silence and privacy of no search and so on. When you watch 'Criminal Confessions' and other TV crime show channels here you see so many putting their head in a noose even after they have been told they are free to get up and walk out of the interrogation room! Of course, those serial killers NEED to confess and be taken out of circulation ~ totally cool with them caving in to those crafty investigators tactics...
what are you supposes to do if they are coming for you in your car or vehicle?
They should have to read everyone their rights and should be banned from tricking people into say anything.
what state do you practice in??
My minor son was arrested. He was detained transported to the station for 2 hours .Than they fingerprinted him and a officer said we forgot to read them there right .Rights were read 21/2 Hours after the aŕrest.
Here’s how that works: if he’s arrested and questioned, they generally can’t use anything he said after arrest until he’s read the Miranda warning.
@RyanPacyga Tgey asked him a question and he said I will not answer unless my parents are here or my attorney. He said oh you think you know your right ? Will see I have my ways and grabbed his arm and carried him to the car by his arm .
Ok so I had a warrant out for me that I had no idea about, I turned my self in and the officers interrogated me the whole time I was in booking, I asked for a lawyer but he still interrogated me but never read me my rights
because you VOLUNTARY turned yourself in. That’s means you VOLUNTARY gave up some of your rights. You are telling the court that YOU ARE COMPLETELY SOUND AND KNOW EXACTLY TO THE T YOU ARE GUILTY , YOU LEFT NOOOOOOOOO ROOM TO PROVE YOUR INNOCENCE . duhhhhhhhhh
Question what if you pull over for a traffic stop and they put you in the back of a squad card to move you to another location half mile down the road to do like a field sobriety test that would be in custody correct and then arrest you and held overnight in jail would never get Miranda suppression of hearing still allows all information
I was arrested after speeding, and the officer only read 2 of my rights, is that still ok?
I'm watching this cause I need to read the Miranda rights to my teacher for 15 points in my grades and I suddenly got interested lol
They cannot charge you with the crime rate so then put handcuffs on me then I wasn't guilty of nothing
Wiretapping violation they have to let us know in Pennsylvania to two-party consent state
When I was in highschool (under age 18) I was picked up by the police and taken to the station for questioning because of friend of mine escaped from jail. I think they put handcuffs on me and said that it was not an option (it was mandantory). Was this illegal?
@Captain Germany No it isn't. Unless she was involved in her friend escaping and the police think she was they can't just say "hey, you know so and so, you're coming with us".
Peoria County Illinois runs their own show and DO NOT care as long as you poor they feel to stinkin bad....
Are booking questions interrogation?
if i do a citizens arrest and i fail to read him the miranda rights, do i have to let him go?
No . In those cases you are even allowed to act as judge , jury , and executioner. Hope that helps .
What if they arrest you put you in jail and then they come back 6 hours later and read you your rights
Did they *ask you any questions* between the time you were arrested and the time they read you your rights? The police don't have to read you your rights unless you are both: [1] in custody and [2] being questioned.
just wondering i was read my miranda rights but free to go is that ok??
Aaron Crosby do you mean they told you "you're free to go, don't have to answer any questions but we're reading your Miranda warning anyway in case you want to answer questions" or do you mean "they read my my rights, questioned me and then I was free to go afterwards?"
I have a question. Lets say you tell them that you would like to lawyer up. Then you call a lawyer. But dont have the money to pay him? Then what?
Every case I have. I got a pretenda. Then I got shafted.
Any advice?
You don’t need to have a lawyer to say “I do not want to answer any questions” or “I will not answer any questions until I am with a lawyer.” Even if you can’t afford a lawyer, you still have a right to remain silent.
Ok, I had one case where I asked to see the procedures for the court. The jail denied me access to any such documents.
What i wanted was my evidencary discovery.
Can they do that?
David Hammond YES FREE OF CHARGE
@@jackobrein1750 : A discovery request is not really something you ask the jailers. That's a request that is best directed to the deputy district attorney or the judge. In other words, have your lawyer take care of it. That's his (or her) job. I know you think public defenders are lousy, but even a PD is better than nothing at all. And any public defender -- even an overworked, underpaid one -- can make a discovery request. Where I used to practice, the "discovery packet", as it was called, was routinely given to defense counsel as a matter of course, as soon as the attorney made an official appearance in court on behalf of the client.
what if the police run up and grab me and try to arrest me for no reason?
D.J. Williams ..,..u must be black
what if the the police pull you over for a traffict violation and them realized your drinking and arrest you after doing a bac/alcohol test that the results were 0.6. do they need to Read Me My Rights?
A traffic stop is a detention for a brief period of time due to a violation of the traffic laws. If a person is DUI that is probable cause for arrest and it is best to remain silent and not answer questions without attorney. Any questions answered will be used against you so remain silent. Regardless if Miranda is given or not, remain silent. Nothing you say will help you regardless if police tell you cooperating with them will do so! They are legally able to trick or even lie to you in order to get a confession from you. Intimidation is often reason people talk because they want to be heard and that is the mistake most often made. If detained ask why and if not free to go REMAIN SILENT! If this is followed, Miranda being given or not is a non factor because SILENCE IS GOLDEN AND BEST! I hope this helps.
Do task force supposed to read your miranda rights?
Just got booked yesterday and they didn’t read me my rights or anything the law is fucked up
Unless they ask you questions while you're in custody, they don't have to Mirandize you.
Once handcuffs were put on me and took me to jail..I WAS IN CUSTODY..five hours later i got interviewed by a sargent and thats when he "read me my rights" someone please explain that shit to me..!!!!!
Here’s a brief explanation: once you are “in custody” police cannot use anything you say in response to their questions. So they can wait many hours to read you your rights if they want to. But they can’t question you and use what you say until AFTER they read you your rights. It’s not terribly uncommon for them to arrest and then wait until an investigator/detective gets to the jail to interview you. Make sense?
@@RyanPacyga yes but they asked me if i had been drinking and gave me a breathalyzer before i was read my rights..my public defender told me it didnt matter but i think shes wrong..my constitutional rights were violated...miranda first..breathalyzer second no matter how i look at it..but in todays police state just fuck me..they do whatever they want..whenever they want...im not rich so i do what they say...
@@RyanPacyga plus if you refuse a breathalyzer test in ohio its an automatic one year loss of your drivers licence
@@robertboyle1368 : Breathalyzer is different, because that isn't testimony. That's just a chemical test -- you're not being asked to testify against yourself or answer any questions.
But if they ask you if you've had anything to drink -- that IS testimonial and you have to be mirandized before they can ask you that, if you're in custody.
I have a question i was a juvile and they didnt read my right when i got arrested
There are some extended protections for juveniles in Miranda situations. Each state is different and there are many factors that apply. Make sure you have a lawyer that understands the difference for juvenile cases because there are many differences besides just the Miranda issue. The procedures, the sentencing, and even the rights in court and at trial are often different in juvenile cases.
What happened?
I DIDN'T READ LOL
Just don't talk to the police. It's that simple.
Dude...unless you lost a bet or your kids gave it to you...loose that tie!
+ckom0007 That's a cool tie. Lose that attitude.
It appears to be an Onassis Knot.
It's already loose. If anything, it needs to be tightened up a bit.
what if someone gave your name and address police come knock on your door. put in hand cuffs take you for ride start asking questions on way to you have identified with out reading you your Miranda rights.
oh by the way officer lying to me making things up.
(innocent man)
AL Barth This happened?...I'd be furious....these fucking cops are so manipulative and try to meet quotas in making arrests.
pretty good. but cops during an investigation stage where no arrest is made can ask all the questions they want without an advisement. e.g. stopped for DUI.....how much have you had to drink etc.
And if someone refuses to talk, but the cops only have one side of the story, they may be forced to make an arrest since they only have accusatory information and the subject offered nothing to refute it. So the probable cause to make an arrest is based on one sided information.............all very legal....but if the person interviewed was able to tell them something that negated that information, the officers may not have made an arrest, or in fact arrested another party instead.
Cops usually dont want to arrest the innocent. Its a waste of time. But, if the innocent don't assist the cops to find the truth, they may be arrested. Hopefully, in the end the truth comes out. In the meantime, the person is in jail for some days or might have to post bail and hire an attorney. So, the standard lawyer advice to never talk to the police can hurt you.
I understand your point of view. But unless you are a trained attorney, it's best to remain silent. Too often, when trying to explain your way out of an arrest, you'll talk yourself into an arrest; and a certain conviction.
True that. But you will know if you have some guilt exposure...and if you do...just shut up. If you know you dont, give a good witness statement.
FURTHER EDUCATION on RIGHT to REMAIN SILENT:
ua-cam.com/video/6wXkI4t7nuc/v-deo.html
This was a great video. The video I'm recommending features both a leading defense attorney AND a leading interrogator expose a variety of real life scenarios that prove EVEN IF YOU'RE INNOCENT, never talk to police!
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Liberty = Peace & I wish you both!
Judging by the comment section I'd say the best advice you could actually give your followers is "stop breaking the fucking law."
I was pulled over and the police said they had a warrant for me. They told me they were putting me in hand cuffs for there safety. And I was not under arrest. They said a detective want to speak to me. The officer frisk me and found a baggie that I admitted was a controlled substance. They then asked to search my residence. And I gave them permission. Like a dummy because I was high. They found paraphernalia in another small bag. They never read me my Miranda Rights. I just my Discovery. In my discovery the arresting officer said he read me my Miranda rights from a card. Which never happened. And I just found out that the arresting officers have body cams. I have a public defender. How do I go about using the body cam? And did they need to read me my Miranda rights at that time?
So basically he's giving advice to criminals so that they have less of a chance to get arrested
no hes informing all
He is explaining your rights, and parts of the constitution. This so you can get a fair treatment.
No he’s not he teaching because the system is corrupt not everyone is guilty just because there arrested YOU EVER HEARD OF WRONGFUL ACCUSATIONS HELLO ...LOOK IT UP
I’d say about 40% of the people he’s giving advice to aren’t criminal
You don’t get it do you ?
Can i go to internal affairs to investigate the police.i know that cops hate internal affairs