Legal Question in Criminal Law in Oklahoma
arrest procedures
When arrested by DOT. does suspect have to be advised of maranda rights.
Asked on 9/20/00, 3:21 pm
1 Answer from Attorneys
Charles Aspinwall
Charles S. Aspinwall, J.D., LLC
Re: arrest procedures
The Miranda warnings [right to silence, counsel, etc.] are required to be given by a law enforcement officer before s/he questions a criminal suspect about a specific crime.
The agency the office is employed by is not important; the timing is.
There are situations under which the police may ask general questions and not give the Miranda warnings, but not when they have a focus of criminal suspicion directed toward a particular individual. Then they must deliver the warnings.
Answered on 10/20/00, 8:52 am
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