How come if the criminal declines to be questioned the police cant question him?
86383
Without going into great detail, if you listen they say "You have the RIGHT to remain silent"   It's just the that it's their right to not have to say anything.  And when you are being questioned you aren't always a criminal, remember you must be proven guilty, but you are first innocent.  At the time when they are questioning them they are suspects.   Also i'm sure if a suspect didn't want to talk, but was forced to do so, they would make up a lot of junk and waste the polic officers time anyways
1066385
Excellent question? It becomes illegal if you have something to hide. If democracy, freedom of speech etc. were really applied, then people would not be jailed for questioning -e.g. Zundel who questioned the holocaust has been jailed. Why?\n\nThank you for your much admired bravery.
424026
It prevents most kinds of hearsay evidence. The defendant must be able to confront the person who is supposed to have said various things. There are many exceptions to this rule.
1109149
Their job is not to arrest or catch him, their job is to bring news. And they know they will never get interviews like that from any person on the run if they helped catching him. \n\nOn the other hand, they do help somewhat, since they bring sound and pictures to the investigation..
350462
If you were not under arrest then you were free to leave at any time. You were not obligated to even go. So no he didn't have to read you your rights. Police officers often use the "Just between us - let's get this cleared up and forget about it" tactic get information, and it is perfectly legal.\nSorry man.
1046669
Nope-the police have to submit the information to a court. The court issues a warrant. The person is arrested.
80537
All of the above are right. In more detail, the US Supreme Court held that because the state (aka: police) can be coercive and overwhelming, it is too easy for them to pressure someone into a confession. This could potentially violate both the person's due process rights and their right to not say anything that would incriminate them (both 5th Amendment rights).\n\nTherefore, to balance the scales of justice, and to preserve the right to an attorney, people in custodial interrogation must be allowed to speak with an attorney if they ask. This ensures that the person being held by the police has someone there to help them and support them, and thus to ensure that their constitutional rights are protected. \n\nThe Court in Miranda v. Arizona found that because people may not know their rights, police are required to notify them of their rights before questioning, and must get a waiver of those rights before they can proceed.
944677
Hi Carmellav , Seems that at the moment we can as you say "Refuse"  -- "Nothing to Hide - Nothing to Fear" but what happens when you Refuse ?? It does tend to be Irksome , yet another step toward "Big Brothers (Tony Blairs) " Police State , I suppose the next step will be that when we are pulled over we will have a "Chip" inserted somewhere into our bodies , , , I wonder where ???  In reality I have no Objection to this , anything that helps with the war against the ever growing army of Criminals must be a good move -  Good Luck
839176
You have the right to refuse.  But they can also find reasons to do the search anyway, example:  If they arrest you, they do not need permission.\n\nBut it all comes down to, if you have nothing to hide let them search.  Also, if you do not have frequent contact with the police and don't hang out with the wrong people, chances are they will never ask to search your car.
54329
It means man is capable of asking questions that no one can answer.\n\n?
219649
In the U.S., when you are arrested, the police must read you the Miranda warning before you can be questioned.  \n\nThough every U.S. jurisdiction has its own regulations regarding what, precisely, must be said to a person when they are arrested, the typical warning is as follows:\n\n"You have the right to remain silent. If you give up that right, anything you say can and will be used against you in a court of law. You have the right to an attorney and to have an attorney present during questioning. If you cannot afford an attorney, one will be provided to you at no cost. During any questioning, you may decide at any time to exercise these rights, not answer any questions, or make any statements."\n\nFor equivalent laws in other countries see here: http://en.wikipedia.org/wiki/Miranda_warning#Equivalent_rights_in_other_countries
189191
There are alot of laws that give a police officer the power to arrest you. Those laws are mainly there for peolple that get out of control. It is up to the officer to decide if ones actions warrant arrest depending on the situation and that persons attitude. I was lighting fireworks with my kids the day after 4th of july because their cousins missed my fireworks show the night of the 4th. The police showed up, wanted to know why I was lighting fireworks and asked me to stop. Fireworks (at leat the ones I was shooting off) was illegal. I could have been arrested without them asking me for a explanation and certainly been arrested had I not complied.
1080626
I don't think the cop could enter or interfere.  Maybe the best he could do is radio it in and wait for an answer.
428431
I am really not sure I understand the question correctly so let me say this...,\n\nAny man (white, black, purple, orange - whatever) who resists the police and fights back is asking for trouble. It doesn't matter what color they are.\n\nIf they are not resisting arrest MOST LIKELY the cops are not going to beat them. BUT - if the arrested person is beat and not fighting back - the arrested man deserves Justice and said cops need to be put away in jail and required to compensate the person being beat. Regardless of color.
251558
It established the requirement that an officer state the 'Miranda Warning' that you always see on TV, that makes the person he/she is arresting aware of their Constitutional rights.\n\nThe following is a minimal Miranda warning, as outlined in the Miranda v Arizona case.\n\n"You have the right to remain silent. Anything you say can and will be used against you in a court of law. You have the right to be speak to an attorney, and to have an attorney present during any questioning. If you cannot afford a lawyer, one will be provided for you at government expense."\n\nThe following is a much more verbose Miranda warning, designed to cover all bases that a detainee might encounter while in police custody. A detainee may be asked to sign a statement acknowledging the following.\n\n"You have the right to remain silent and refuse to answer questions. Do you understand?\nAnything you do say may be used against you in a court of law. Do you understand?\nYou have the right to consult an attorney before speaking to the police and to have an attorney present during questioning now or in the future. Do you understand?\nIf you cannot afford an attorney, one will be appointed for you before any questioning if you wish. Do you understand?\nIf you decide to answer questions now without an attorney present you will still have the right to stop answering at any time until you talk to an attorney. Do you understand?\nKnowing and understanding your rights as I have explained them to you, are you willing to answer my questions without an attorney present?"
1159262
It depends if they asked you questions.\n\nI believe it is illegal for the police to ask you questions about the arrest before they read you the rights. If they did ask you questions before reading your rights and you answered them .. then those statements would be thrown out in court.\n\nIt's called your Miranda Rights.
1102267
Cops are trained to use intimidation tactics in order to obtain a confession.  Once you are read your rights and agree to talk, then everything is pretty much fair game. \n\nEven if you are innocent (which differs from being not-guilty), it is rarely advantageous to talk to the police if you are being, or could be charged with a crime. When stopped, ask if this is a custodial stop or informational.  You are under no obligation to talk to an officer, or remain at a scene with an officer unless you are being legally detained (which would constitute a custodial stop).  \n\nCops are rated on the number of arrests they make.  If they are a detective, and make few arrests, then they can count on losing that prime job in quick order.