Legal Question in Constitutional Law in Minnesota
No Maranda given
Question: I was never read my Maranda rights, What does that mean and how do i go about doing it? And can they come back now and read them to me ? and arrest me again after its all over?
Facts: a buddy and i were in his drive way, had a car full of fresh marijuana what we found growing, my buddys sister comes home calls the cops and 5 mins later 4 or 5 cop cars came rolling up. We were each taken to seprate cars and then my buddy was taken to the car i was in and then we where told that we where being charged with 5th dagree possation of marijuana. then taken to jail both put in seprate cells and then each taken to a nark were we both signed papers saying we would both be narks. then held for a few more hours then let go. we got no paper work other then a card with the narks phone number on it. then the next day i made a buy for the narks and they got it on tape and what not. then my buddy today asked me if i was ever read my maranda rights and i said no and he was like either was i.
1 Answer from Attorneys
Re: No Maranda given
Law enforcement is required to advise a criminal suspect who is in their custody of certain constitutional rights prior to taking a statement. Those are the familiar 'right to counsel,' 'right to remain silent,' etc., commonly referred to as the "Miranda Warnings." Law enforcement is not required to provide these warnings to anyone not under arrest [free to leave] nor to someone from whom they do not intend to take a statement. When one is caught in the car containing marijuana Miranda warnings would seldom be necessary as a statement would not be necessary, and they apply only when a statement [confession] is to be taken.
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