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The article mentions that, if you are not free to go, then the police must read you your Miranda rights. This appears to be a common understanding as well.

However, other sources I've read state that police don't necessarily have to do this unless they want your testimony to be court-admissable (https://www.nolo.com/legal-encyclopedia/police-questioning-m...).

So I'm a bit confused - could someone clear this up for me?



In the US - See https://www.nolo.com/legal-encyclopedia/police-questioning-m... for example.

Read carefully and you will notice:

- they don't have to Mirandize you even if arrested or detained. If they don't, your answers and evidence based on them will probably be inadmissible, if your lawyer is not an incompetent boob.

- they don't have to Mirandize you at all with no penalty unless you are detained or arrested. If you are "free to go", for example if asked a question at a traffic stop, Miranda is irrelevant. What you say will always be used against you.

- always, in all circumstances, assume that your statements WILL BE USED AGAINST YOU.

- At a traffic stop, you say "here is my license and registration" and "please, thank you, have a nice day". NOTHING else, which is quite a bit harder to do than it sounds.

When in an adversarial position with the police, it's best to remember that it is literally not their job to be helping you. It's not their job to be "fair" or to be your ally. They are ALLOWED TO LIE to your face, and might do so.

But the rest of the time, which is most of it, they are your ally. You will know which time is which - act accordingly. In all cases, respect is wise, is warranted, and is well deserved. Remember the number of our friends in blue who have died because of some bad person. And note that until they understand you, they may quite reasonably assume you are one. Don't be an A-hole and prove it to them. Don't lie, it would be obvious, suspicious, and insulting. Just say nothing or shrug. Don't be a dick and try to argue - save that for the courtroom which is when it is appropriate.

But you still don't ever have to say things like "Gee I thought I was only doing 80" or "I didn't see that guy, he musta came outa nowhere"...




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