Legal Question in Criminal Law in Mississippi
arrest procedure
If police put you in handcuffs does that mean you are under and your Miranda rights should be read to you immediately?
Asked on 3/03/09, 7:21 pm
1 Answer from Attorneys
Wayne Woodall
Wayne Woodall Attorney
Re: arrest procedure
In Mississippi once the person's "freedom of movement" is restricted in any cognizable manner he or she is deemed to be "under arrest." Once arrested the Police have a duty to advise the suspect of his or her Miranda rights, if they have not already been administered, before questioning. If there is no subsequent interrogation there is no need to administer Miranda rights.
Answered on 3/04/09, 8:25 am
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