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by ubernostrum
4801 days ago
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So far as I can tell, no liberty has been given up. The point of the Miranda warning is to make it crystal-clear that a suspect is aware that he doesn't have to speak to police without a lawyer, and is aware that if he does speak to police, what he says can be used against him. The Miranda warning is not a right; it's literally a warning, meant to save people from their own ignorance of their actual rights. It also does not mean police can't question someone, just that if they do, and don't observe certain forms, a court may not allow the resulting evidence to be admitted at trial. In this case, the police are basically going to go ahead with questioning, and let the courts sort out later what's admissible and what's not. Courts have been known to allow non-Mirandized statements obtained in circumstances where some immediate risk made it impractical to give the warning before asking a question. |
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