Divorce, Family and Custody Cases Family law deals with family-related issues like marriage, spousal abuse, child custody, visitation, and child support.
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01-10-2008
| | Junior Member | | Join Date: Dec 2007 Location: Pennsylvania
Posts: 2
Rep Power: 0 | |  Legal or not/custody
I know someone who was taken into police custody for questioning on a crime, he was not read his rights, he was in custody for 5 hours, numerous times he said he did not want to tell them anything, when he used the restroom he was taken from the interrogation room walked down the hall, the restroom door was unlocked for him and the officer went in with him while he used it, the officer did not use the restroom, he was then led back to the interrogation room, his girlfriend was also brought to the station by officers (she was told she could not get a ride from her parents, who were already at her house to give her a ride) he was told if he didn't give a statement they would arrest her for something after the fact, he agreed to give a statement he was then read his rights and it was taped, is this a legal practice? They questioned him for 5 hours before his rights were read. Can this be challenged in a court of law? Thanks for any answers you can give  |
01-10-2008
|  | The "Fifth" Juror | | Join Date: Mar 2005
Posts: 175
Rep Power: 10 | | Re: Legal or not/custody
Problem is --- prove it..
Unfortunately, I think actually being read your miranda rights happens mostly on television.
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01-11-2008
| | Junior Member | | Join Date: Dec 2007 Location: Pennsylvania
Posts: 2
Rep Power: 0 | | Re: Legal or not/custody
I understand the prove it part, but if the law says that the rights are to be read, shouldn't the law be followed? Thanks |
01-11-2008
| | The "Fifth" Juror | | Join Date: Mar 2005
Posts: 175
Rep Power: 10 | | Re: Legal or not/custody
It absolutely should!
Trouble is cases revolving around being read your miranda rights are far and few in between.... Where's your evidence?
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