LMPD :: Louisville Metro Police Department
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Kentucky students must be read Miranda rights at school if police are present

Ky. justices: Officer's presence, custody key

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RE: Kentucky students must be read Miranda rights at school if...

April 29th, 2013 @ 4:51PM (12 years ago)

THE LAWWWWWWWWWWWWWWWW

If a person is not in police custody no Miranda warning is required and anything the person says can be used at trial if the person is later charged with a crime.

RE: Kentucky students must be read Miranda rights at school if...

April 29th, 2013 @ 6:49PM (12 years ago)

You are not seeing the point. What you are doing is advocating avoiding reading someone their rights. You are not doing it in good faith and if that can be proven, you are going to have your statement suppressed. You are basically abusing a loophole. There is a reason that method is not taught in ANY police interview courses. Officers who talk about it do so in secrecy because they know it is a form of abuse. Don't take my word for, ask any competent prosecutor their opinion on this. I think you'll be surprise with the answer.

RE: Kentucky students must be read Miranda rights at school if...

April 30th, 2013 @ 2:25PM (12 years ago)

Nothing coercive? OK what happens when an attorney says that their client was coerced into a confession because the detective said he would not arrest them if they "told" them about whatever they were asking about? It's their word against yours right? Doesn't matter if they were told that or not, you will have to defend that. You will say "no your honor,I did not say that at all" and then you will have to go into detail as to what was said and how and all that. You may win, and I hope you do, because you are my brother or sister and we are on the same team, but then what will the defendant say? Say he has a lawyer that is as street smart as you? One who knows what scam you are pulling? Say this lawyer tells him what to say, no matter if it's true or not? And then what happens if the judge who hears it doesn't like that tactic? If you are such a seasoned veteran of the court system you would know that judges in this county don't always follow the law, they do judge on personal beliefs sometimes. Or the prosecutor is new and not sure about that tactic? What I'm saying is this- the right to remain silent is one of the most important and most protected rights the constitution provides. If it even remotely looks like it is being abused we will all suffer. The other guy was right, it is a fine line. A very fine line and for you who do that be careful. To me it's not worth the lawsuit you will have to face when it goes bad.