Reply #13: You are required to answer general questions...... [View All]

[Historic NY]

name, address, social security number, etc.

Police are allowed to gather information at the scene of a crime the general who, what, when, where, why. They are questioning witness and even sometimes the offender. Once evidence or this general collection of information implicates a suspect and further questioning or an interrogation will be conducted Miranda Warnings are required. Now that doesn't mean if they charge or arrest you at a crime scene they have to do so. Statements of witness's, a show up, investigation at the scene, etc. can give them more than enough probable cause to arrest w/o questioning you.

Any direct questioning about the offense requires Miranda...it can either be read to you or they can give you a form to read and sign.

Now of course if you should decide to run your mouth and make comments even without Miranda warning being read...spontaneous utterances they can be used against you. You can also take it to the bank that the officer will write down the general nature of these comments and a "notice of intent" will be filed to use them. In NY its called a 710.30 form.

General guidelines

Q. At what point are police required to inform a suspect of their Miranda rights?

A. After a person has officially been taken into custody (detained by police), but before any interrogation takes place, police must inform them of their right to remain silent and to have an attorney present during questioning. A person is considered to be "in custody" anytime they are placed in an environment in which they do not believe they are free to leave. Example: Police can question witnesses at crime scenes without reading them their Miranda rights, and should a witness implicate themselves in the crime during that questioning, their statements could be used against them later in court.

Q. Can police question a person without reading them their Miranda rights?

A. Yes. The Miranda warnings must be read only before questioning a person who has been taken into custody.

Q. Can police arrest or detain a person without reading them their Miranda rights?

A. Yes, but until the person has been informed of his or her Miranda rights, any statements made by them during interrogation may be ruled inadmissible in court.

Q. Does Miranda apply to all incriminating statements made to police?

A. No. Miranda does not apply to statements a person makes before they are arrested. Similarly, Miranda does not apply to statements made "spontaneously," or to statements made after the Miranda warnings have been given.

Q. If you first say you don't want a lawyer, can you still demand one during questioning?

A. Yes. A person being questioned by the police can terminate the interrogation at any time by asking for an attorney and stating that he or she declines to answer further questions until an attorney is present. However, any statements made up until that point during the interrogation may be used in court.