Question for a story I'm writing...

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  • Question for a story I'm writing...

    If someone turns themselves into the police, but doesn't get read their rights, do the rules still apply as if they were arrested involuntarily - in that, without getting your rights read to you, the evidence given can't be used in court?

  • #2
    Re: Question for a story I'm writing...

    Getting arrested is, as I understand it, a legal process. Walking into a police station and announcing they're looking for you isn't getting arrested, it is making yourself available to them for questioning.

    Once someone is considered a suspect, the police have to read them their Miranda Rights. Whether they walk in voluntarily to confess to a crime or they are picked up. The police have to read them their rights.

    What I do when I need this kind of information is I call my local police department. They love getting weird phone calls about police proceedure.
    If the police don't read the Miranda rights, what is said probably can't be used in court. The question is at what point should the cops do the miranda thing and what happens to the information supplied prior to the reading of it. Call your police department, they know.

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    • #3
      Re: Question for a story I'm writing...

      Thanks echo - that's exactly what I needed to know. Basically, the guy is a suspect, but realises that he'd be safer turning himself into the police than staying on the outside. But, they never read him his rights, which puts a nice twist to the story and goes along with his plans.

      Comment


      • #4
        Re: Question for a story I'm writing...

        Once someone is considered a suspect, the police have to read them their Miranda Rights. Whether they walk in voluntarily to confess to a crime or they are picked up. The police have to read them their rights.
        Actually, I don't think that is exactly right. You are only read your rights when you are arrested not if you are a suspect. If someone were to come in and say "I want to confess to a crime." They would still be read thier rights and then be given a waiver to sign saying "I don't want a lawyer." Then they can talk all they want. If you are a suspect, the police can question you but you don't have to answer and you don't even have to sit still for their questioning. Only when they arrest you can they hold you. But then again if you get arrested and they don't have a case, it will make re-arresting you harder down the line.... hope this helps...

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        • #5
          Re: Question for a story I'm writing...

          Originally posted by odriftwood
          Only when they arrest you can they hold you.

          They can hold you for a "reasonable" amount of time without arresting you. The police can detain someone for any number of reason without arresting them.

          Also, you don't get your Miranda rights when you are arrested - only when they want to question you.
          It's a celebration, bitches.

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          • #6
            Re: Question for a story I'm writing...

            It's a weak reveal. It's too easy and it feels like a cheat.

            I'd say keep workshopping the idea and come up with something more inventive.

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            • #7
              Re: Question for a story I'm writing...

              Thanks guys. Just to clarify - this is for a comic script - but I knew that asking here would help me.

              Here's what happens - a murder is committed - and the guy that did it sets up another guy - they are both suspected from the outset. The guy that gets set up is in more danger from the public than he is from the police, so he decides that he will turn himself in - for two reasons. He has nothing to lose - he turns himself in, he is safe, and he can bring down the guy that framed him by naming him as his partner. The whole not having his rights read to him isn't part of his plan, it just works out that way. So he's a suspect who turns himself in - hence my question.

              I should also point out that this is a sci-fi story and I've listed only the basics so if it sounds stupid it is.

              Comment


              • #8
                Re: Question for a story I'm writing...

                Originally posted by TheKeenGuy
                It's a weak reveal. It's too easy and it feels like a cheat.
                Definitely, and I don't think the audience is gonna go along for the ride. I know I wouldn't, and I even groan at that type of deal in old movies.

                Make the guy who read him his rights be a shape-changing alien and you've got me.

                Comment


                • #9
                  Re: Question for a story I'm writing...

                  (From a friend of mine who's a cop)

                  Except fot being PCed (protective custody, if you are a harm to yourself or others) you can't be held without being arrested. I think the previous posters is mixing up that there is an amount of time allowed after arrest before someone is required to be formally charged. After that time has elapsed, they must be charged or released.

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                  • #10
                    Re: Question for a story I'm writing...

                    Thanks guys. Just to clarify - this isn't a big twist at all. It's simply something that happens. I really just needed to know if that would happen. He escapes anyway

                    Shape-changing alien... Hmmmm

                    Comment


                    • #11
                      Re: Question for a story I'm writing...

                      It really gets interesting when you don't know the law. You can get arrested,
                      be hammered by detectives, be thrown in jail, not be given a
                      phone call until the next day, then be read your rights 24 hours later.

                      Depends on what they are trying to get out of you. I spoke to a homicide
                      detective and he told me one of his longest interviews (he called it that I
                      think instead of interrogations) was about 3 hours. His shortest -
                      introduced himself to the perp, read the perp his rights, sat down in front of
                      the perp who then said, "I want a lawyer."

                      That was the end of that. When you are questioned by FBI things get even
                      more hazy.

                      You can follow proceedure to whatever degree you wish in your script, but you
                      can also stretch things a bit. Things don't always happen by the book.

                      Charli
                      Last edited by Charli; 07-27-2005, 02:09 PM.

                      Comment


                      • #12
                        Re: Question for a story I'm writing...

                        Also, you don't get your Miranda rights when you are arrested - only when they want to question you.
                        You can get arrested, be hammered with questions by detectives, be thrown in jail, not be given a phone call until the next day, then be read your rights 24 hours later.

                        If you got this info from a detective that's interesting and I'd go back for clarification because it's my understanding that once you are place under arrest you have to be read your rights or anything that is said might be thrown out in court. Yes, the police can detain you but it's more of a strongarm tactic. That can't really hold you and you don't have to stay unless they arrest you. I need to find me a cop....

                        Comment


                        • #13
                          Re: Question for a story I'm writing...

                          I know for a fact in the South they can take you to a holding cell, not read
                          you your rights until the next day, but they do mess with your head. Two of
                          my cousins were cops, things are never as they seem.

                          Charli

                          Comment


                          • #14
                            Re: Question for a story I'm writing...

                            Originally posted by Joe Unidos
                            (From a friend of mine who's a cop)

                            Except fot being PCed (protective custody, if you are a harm to yourself or others) you can't be held without being arrested. I think the previous posters is mixing up that there is an amount of time allowed after arrest before someone is required to be formally charged. After that time has elapsed, they must be charged or released.

                            Yes, that's what I meant.

                            I don't have any cops to ask, but I have been through the process twice.

                            Come on, I was in college. Things got out of hand...
                            It's a celebration, bitches.

                            Comment


                            • #15
                              Re: Question for a story I'm writing...

                              It'd be less of a cheat to have whatever interrogation/confession happen after the guy asked for a lawyer, but before the lawyer arrives.

                              Mostly, that'd be less of a cheat because the guy could rig it that way, whereas he couldn't possibly have known that the police were going to inexplicably screw up and not read him his rights.

                              It's still weak, but better.

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