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Ninth Circuit Court Ruling Permits Use of Statements Made before Miranda Rights are Advised

By Walin & Klarich

Ninth Circuit Court Ruling Holds a Person is not in Custody Even After Being Questioned by Officers for Over Two Hours Few things are more intimidating than law enforcement interrogating you about your possible involvement in a crime. Often, it is this intimidation that causes people to confess to criminal charges. The Courts have held that before interrogating a person, police officers generally must explain to that person that they have certain rights, what?s commonly known as Miranda rights. So-called Miranda warnings must be given whenever a person is deemed to be ?in custody?. Recently the United States Appeals Court for the Ninth Circuit ruled that a defendant who was questioned by officers for over two hours was not deemed to be in custody, and therefore his statements to law enforcement could be used against him at his trial...continue to full post

Full post as published by Southern California Criminal Defense Blog on May 05, 2009 (boomark / email).