Legal Question in Constitutional Law in New Jersey
pre custodial miranda warnings.
In NJ the supreme court stated that miranda warnings given prior to an arrest or a custodial situation can hold over until that person is arrested or taken into custody. Is this legal. I always thought that miranda was only used when placed in custody. I would feel that the police having the ability to warn before arrests allows them total control thusly denying each and every one their constitutional rights. Is this legal according to the Constitution? I really need some clarification.
1 Answer from Attorneys
Re: pre custodial miranda warnings.
I'm afraid that your question is not very clear. I have no idea what you mean by "the police having hte ability to warn before arrests allows them total control thusly denying each and every one their constitutional rights."
In any event, the requirement to read a suspect his rights prior to taking a statement is not contained in the Constitution. Our Courts have interpreted the Constitution to require those rights. The New Jersey Supreme Court gets to interpret both the Federal and State Cosntitutions, and they are the last word on the State Constitution. There aren't many of us here on this board in a position to correct them.
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