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"BUSTED teaches that people have precious inherent rights under our Constitution and should never feel guilty when exercising these rights during police encounters." Joseph D. McNamara, Retired police chief of San Jose, CA. Research Fellow, The Hoover Institution, Stanford University Advertisement
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a lot of people get this conf (I am not confused)
The fact that the officer told her she was under arrest, the detainment could be ruled as illegal because there is a reasonable conclusion that she would be going to jail and aksed further questions regarding her crime. In this instance the reading of the Miranda rights would apply. I know I could get this thrown out of court rather easily. Another question how could you competently do your job as a police officer without asking someone who is under arrest questions, just because the questioning is not in an interrogation room does not make the the Miranda rights invalid because what you say can and will be used againts you, Otherwise any information obtained during questioning would not be admissiable in court. In conclusion, being under arrest and questioning qo hand in hand because police would never obtain all of the facts. Which requires the Miranda rights being read. At this point it really would be speculation as there is no corroberation that the officer actully placed her under arrest. I am interested in your view point on this.