Legal Question in Criminal Law in Florida

Miranda rights

In this scenerio, does Miranda rights apply? A hospital security person speaks with a detective to ask if there is an ongoing case of missing narcotics concerning a specific individual. the det. informs the security guard that there is not. the security guard then tells det. that he will be conducting an interview with this individual and will get back to them the results. during the interview the person being questioned asked about their miranda warnings and beind suspected of a crime. the guard said no. info was given and then taken to det. and info at the interview is being held against the individual. Does miranda apply and what case law in florida or supreme court covers this.


Asked on 7/13/04, 5:02 pm

1 Answer from Attorneys
Adam Frankel Adam Frankel, P.A.

Re: Miranda rights

Police are required to inform a suspect of their Miranda rights after a person has officially been taken into custody (detained by police), but before any interrogation takes place, police must inform them of their right to remain silent and to have an attorney present during questioning.

A person is considered to be "in custody" anytime they are placed in an environment in which they do not believe they are free to leave.

In your case, Miranda rights probably would not apply.

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Answered on 7/13/04, 7:42 pm


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